Acting Chief Justice Anthony Gates stresses that there is definitely far less politics in judicial appointments in Fiji compared to some other countries as the final say here on judge appointments is with the President.
While opening the 10th Attorney General's Conference in Sigatoka today, Justice Gates highlighted some incidents in England and the US where it was clear that the politicians have a say on judicial appointments.
He said now as the tenure of certain judges expires in the US, Republican judges face non-renewal from the Democratic State Governors. This is based on the Republicans headed by George W Bush is now leaving office and the Democrats are taking over the administration.
Justice Gates said in Fiji, the President has the final say and this means that there is far less politics involved in the judicial appointments at this stage.
Justice Anthony Gates also raised the question whether Fiji should continue to succumb to requests by overseas groups to assess whether our judiciary is independent.
Justice Gates said unlike court proceedings where everything is based on evidence and facts, these visiting groups mainly follow a procedure of undisclosed material, rumor, gossip and perceptions.
He said one wants to be open-minded and frank but he questions how many more inquiries should be submitted to before the groups become oppressive and could be described as patronizing.
He stressed that the judiciary remains independent and he said the Foreign Affairs departments of our neighboring countries should have realized that neutral support should continue for institutions which can assist in maintaining progress, fairness and stability.
Justice Gates said in spite of many efforts to bring the judiciary to its knees, and in spite of the opposition to replenishment of its ranks, the judiciary has survived. He said judgments do not always please competing litigants but that is nothing new.
Judicial Appointment Process Less Political Here
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