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Encyclopedia > Chief Justice (Fiji)
Judiciary of Fiji

Chief Justice
Supreme Court
Court of Appeal
High Court

The Chief Justice is Fiji's highest judicial officer. He or she is appointed by the President on the advice of the Prime Minister, who is required by the Constitution to consult the Leader of the Opposition. This does not give the Leader of the Opposition a veto, only the right to be consulted. The appointment is permanent, until the Chief Justice reaches the age of 70 years. At the discretion of the government, the retirement age may be waived until the Chief Justice reaches the age of 75 years; it may be extended once more, by a maximum of three years. No person, therefore, may hold the office of Chief Justice after reaching the age of 78. In many countries such as Canada and the United States the Chief Justice is the name for the presiding officer on a senior court such as the United States Supreme Court, the Supreme Court of Canada or provincial or state supreme courts. ... The judiciary, also referred to as the judicature, consists of justices, judges and magistrates among other types of adjudicators. ... Fiji became a republic in 1987, when Queen Elizabeth II of the United Kingdom formally abdicated as Queen of Fiji, following two military coups led by Lieutenant Colonel Sitiveni Rabuka. ... Fiji received its independence in 1970. ... The post of Leader of the Opposition is a political office common in countries that are part of the Commonwealth of Nations. ...


The present Chief Justice is Daniel Fatiaki, who succeed Sir Timoci Tuivaga in 2002. 2002 is a common year starting on Tuesday of the Gregorian calendar. ...


According to Chapter 9 of the Fijian Constitution, The Chief Justice presides over both the Supreme Court and the High Court, but is disqualified from presiding over, or even sitting on, the Court of Appeal. This stipulation is designed to give the Appeal Court a measure of independence from the other two courts. Chapter 9 Judiciary Section 117 Judicial power (1) The judicial power of the State vests in the High Court, the Court of Appeal and the Supreme Court and in such other courts as are created by law. ... The Constitution of the Republic of the Fiji Islands dates from 1997. ...


These constitutional arrangements were temporarily overturned in 2000, following a counter-coup by Commodore Frank Bainimarama to neutralize a civilian coup d'état instigated by George Speight. Chief Justice Tuivaga recognized the Interim Military Government that took office and abrogated the Constitution on 29 May, and drafted the controversial Administration of Justice Decree that was immediately promulgated by the military administration. This decree abolished the Supreme Court, made the Chief Justice head of the Appeal Court, and raised the retirement age of the Chief Justice from 70 years to 75. These changes were reversed following a decision of the High Court to reinstate the Constitution on 15 November 2000, a decision upheld by the Appeal Court on 1 March 2001. 2000 is a leap year starting on Saturday of the Gregorian calendar. ... Timeline (2000) May: 19, 20, 26, 27, 29, 30. ... The military rank of commodore is used in some navies for officers who command more than one ship, but are not senior enough to be made admirals. ... Josaia Voreqe Bainimarama, popularly known as Frank Bainimarama, (born 27 April 1954), is the Commander of the Fijian military, who served as Head of the Interim Military Government from 29 May to 13 July 2000, when he handed power over to the newly-appointed President Ratu Josefa Iloilo. ... A coup détat, or simply a coup, is the sudden overthrow of a government, usually done by a small group that just replaces the top power figures. ... George Speight George Speight was the principal instigator of the Fiji coup of 2000, in which he kidnapped thirty-six government officials and held them from May 19, 2000 to July 13, 2000. ... May 29 is the 149th day of the year in the Gregorian calendar (150th in leap years). ... November 15 is the 319th day of the year (320th in leap years) in the Gregorian Calendar, with 46 days remaining. ... 2000 is a leap year starting on Saturday of the Gregorian calendar. ... March 1 is the 60th day of the year in the Gregorian calendar (61st in leap years). ... 2001 is a common year starting on Monday of the Gregorian calendar. ...


Like other judges, the Chief Justice does not have to be a Fijian citizen. When Tuivaga retired in 2002, there were calls from the Citizens Constitutional Forum (a pro-democracy, human rights organization) for a foreigner to be appointed, to recover the independence of the judiciary that had been seen to be politically compromised by the 2000 coup. The government disagreed, however, and appointed Daniel Fatiaki. 2002 is a common year starting on Tuesday of the Gregorian calendar. ... 2000 is a leap year starting on Saturday of the Gregorian calendar. ...


The following persons have held office as Chief Justice since Fiji became independent in 1970. 1970 was a common year starting on Thursday. ...

Chief Justice Term of office
Sir Clifford Grant 1970 - 1974
Sir Timoci Tuivaga 1974 - 1 August 2002
Daniel Fatiaki 1 August 2002 - present

  Results from FactBites:
 
International Judicial Monitor - Justice in Profile (697 words)
Chief Justice Langa matriculated through private study and obtained his Bachelor of Jurisprudence and Bachelor of Laws degrees from the University of South Africa.  Prior to studying law, from 1957 to 1960, he worked in a shirt factory and then found employment as an interpreter in the Department of Justice.
In October 1994, Chief Justice Langa was appointed as Judge of the Constitutional Court of South Africa by Nelson Mandela and became Deputy President of the Court in August 1997.
Chief Justice Langa assisted in the formation of the Southern African Judges Commission, a forum for Chief Justices of the Southern Africa Development Community and other jurisdictions in other southern African jurisdictions, which he is currently the chairman of.
Chief Justice (Fiji) - Wikipedia, the free encyclopedia (417 words)
At the discretion of the government, the retirement age may be waived until the Chief Justice reaches the age of 75 years; it may be extended once more, by a maximum of three years.
Chief Justice Tuivaga recognized the Interim Military Government that took office and abrogated the Constitution on 29 May, and drafted the controversial Administration of Justice Decree that was immediately promulgated by the military administration.
This decree abolished the Supreme Court, made the Chief Justice head of the Appeal Court, and raised the retirement age of the Chief Justice from 70 years to 75.
  More results at FactBites »


 
 

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