Government needs to create enabling environment for independent judiciary
The Interim Government needs to take immediate steps to create an enabling environment for an independent judiciary in
Fiji, so that confidence in the judiciary can be restored, says the Citizens’ Constitutional Forum (CCF)
“In the aftermath of the 5 December 2006 coup, the people of Fiji remained confident of the independence of our
judiciary. This was evident in the range of Constitutional and legal redress cases filed for judicial review, “CCF Chief
Executive Officer (CEO) Rev Akuila Yabaki said. “The Qarase v Bainimarama case in 2008 and the appeals case in April
2009, plus the sentencing of the army and police officers responsible for the deaths of Sakiusa Rabaka and Nimilote
Verebasaga, reassured people that Fiji’s courts had remained independent after the 2006 political upheaval”.
The reported sacking of three magistrates and the termination of employment of at least three prosecution lawyers by the
newly appointed Acting Director for Public Prosecutions (DPP) Mr Aca Rayawa, has renewed fears that the Interim
Government maybe intimidating judicial and legal officers.
“The judiciary needs to be seen to be independent. If magistrates get sacked soon after making a decision against the
government, then one may assume that this government will not tolerate a judgment that does not go in its favour,” Rev
Yabaki said. “Fear of losing jobs could intimidate judicial officers and law enforcement agencies into being less
impartial and to be more favourable towards the government.”
An independent judiciary is essential for the preservation of the rule of law in a country, as well as for safeguarding
good governance principles, human rights and moral values. The lack of an independent judiciary means that people in
Fiji will not be able to fully enjoy the basic human rights of the Right to Fair Public Hearing; and the Right to be
Considered Innocent until Proven Guilty.
ENDS