Decree gives superior powers to the Chief

Decree gives superior powers to the Chief Registrar

The Citizens’ Constitutional Forum (CCF) expresses concern that a Decree gazetted on 20 July 2009 has given superior powers to the Chief Registrar, making that office more powerful than the highest court of Fiji.

Under this Administration of Justice (Amendment) (No. 2) Decree 2009, a decision by the Chief Registrar or a Tribunal to issue a Certificate for any Court or Tribunal proceedings cannot be challenged in any court or tribunal. This effectively provides superior powers to the Chief Registrar or Tribunal to terminate Court proceedings, even before a hearing before a Judge or magistrate.

“The basic human rights ‘Right to Remedy by a Competent Tribunal’ and ‘Right to Fair Public Hearing’ are being undermined by this decree. It forecloses the right to an appeal by defendants,” CCF Chief Executive Officer (CEO) Rev Akuila Yabaki said. “This is wrongful as a Decree should be used for enhancing the protection of rights, rather than for undermining the rights of residents of Fiji.”

“The freedom of Fiji’s judiciary has been further compromised through this decree. The Courts are no longer the highest authority in the land, capable of providing justice,” Rev Yabaki said. “This is a sad day for Fiji, as the Courts will not be able to play any significant role in certain national matters of conflict resolution and justice.”

The Administration of Justice (Amendment) (No. 2) Decree 2009 provides a new section that states:
“Certificate of Chief Registrar or Tribunal conclusive
23A. – (1) A certificate issues by the Chief Registrar or a Tribunal under section 5(5) or section 23(3) or (5) is, for the purposes of any proceedings in a Court or Tribunal, conclusive of the matters stated in the certificate.
(2) A decision of the Chief Registrar or a Tribunal to issue a certificate under section 5(5) or section 23(3) or (5) is not subject to challenge in any Court or Tribunal.”.

ENDS

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