Constitution of Fiji: Chapter 9 - Composition of The Courts and Qualifications For Judges

Composition of The Courts and Qualifications For Judges

Sections 126 through 128 set out the composition of the High Court, Court of Appeal, and Supreme Court.

• The High Court is chaired by the Chief Justice, and includes a minimum of ten puisne judges. Parliament may also provide for the appointment of Masters of the High Court, or junior judges, with whatever powers Parliament may confer.
• The Court of Appeal is chaired by the President of the Court of Appeal. The Chief Justice is not permitted to hold this position; the Court of Appeal is the only court from which the Chief Justice is constitutionally barred from membership. This is to give the Court of Appeal a measure of independence from the other courts. Also members of the Court of Appeal are the puisne judges of the High Court, and persons specifically appointed as Justices of Appeal.
• The Supreme Court is chaired by the Chief Justice and includes the Justices of Appeal, along with others appointed specifically to serve as judges of the Supreme Court.

Section 129 declares that "A judge who has sat in a trial of a matter that is the subject of appeal to a higher court must not sit in the appeal." As the membership of the three courts established by the Constitution overlaps to a large extent, this clause is inserted to prevent a conflict of interest.

Section 130 sets out the qualifications for judges. A judge (of any court) must either be a qualified barrister or solicitor with a minimum of seven years' experience in Fiji or another country prescribed by law, or one who holds or has held a high judicial position in Fiji or another country prescribed by Parliament. The judiciary is the only branch of government from which non-citizens are not excluded. This is in recognition that as a developing country, the government may deem it in the national interest to look abroad for judges with expertise in various aspects of the law. Accordingly, judges from the United Kingdom and New Zealand, among other countries, have sometimes served on Fiji's courts.