A study conducted on the effectiveness of the Small Claims Tribunal Decree has highlighted that it needs significant clarification and or amendments.
The study, commissioned by the Consumer Council of Fiji was conducted by the current Dean of the Fiji National University Dr Ganesh Chand last year through AusAid funding.
One of the major issues highlighted in the report is that the Small Claims Tribunal is being used by businesses as a debt collection mechanism and under the decree, appeals are not allowed on grounds of law and or facts and that it is under-resourced.
It is also highlighted that currently there are only three referees based in Suva, Lautoka and Labasa while the decree requires 5 each in the three locations.
While launching the report, Chief Justice Anthony Gates said the findings will be taken on board to ensure equality in Justice
Author of the report, Dr Ganesh Chand said issue of the Small Claims Tribunal being used as a debt collection mechanism by businesses needs to be seriously looked into.
The Consumer council also revealed that it has referred 342 cases to the Tribunal over the last two years and it registered complaints worth $4.8 million and successfully recovered $2.2 million on behalf of consumers.
Story by: Roneel Lal
