By Hayley J. Campbell
Impunity Watch Senior Desk Officer, Oceania

SUVA, Fiji – The Higher Courts have reopened in Fiji today, but without the Chief Justice, who has gone on leave.

Seven weeks ago, Fiji’s president, Ratu Josefa Iloilo, declared himself head of state. He repealed Fiji’s Constitution and dismissed judicial members. Last month, Fiji’s President made a new decree which established the Supreme Court, Court of Appeal, the High Court and other courts as necessary. This decree made it possible for a chief justice to be sworn in, as well as other judiciary members. Those members were appointed amidst growing concerns over the new court system’s independence.

But Chief Justice Gates disagrees with those concerns. He says that, after witnessing five previous coups and dismissals of the judiciary, this time judges will stay on and help get more judicial members appointed.

“From such efforts will emerge a truly independent judiciary and in time a closer approximation to the rule of law than we have had in 20 years or more,” Chief Justice Gates said.

New judicial members were sworn in last Friday which included Chief Justice, Anthony Gates. Other appointed High Court judges included Justices Devendra Pathik, Daniel Gounder, and Sosefa Inoke. The interim government is expected to appoint more judicial members soon.

Although the courts reopen Monday, Chief Justice Gates is on leave until next week. His office expects he will resume work as soon as he returns.

For more information, please see:
Radio New Zealand International – Fiji higher courts reopen but Chief Justice takes leave – 25 May 2009

Fiji Daily Post – Avoiding the ’87 mistake – 25 May 2009

BBC News – Fijian leader reinstates judges – 22 May 2009