The Chief Justice

Chief Justice

The Chief Justice in many countries is the name for the presiding member of a Supreme Court in Commonwealth or other countries with an Anglo-Saxon justice system based on English common law, such as the Supreme Court of Canada, the Constitutional Court of South Africa, the Court of Final Appeal of...

is Fiji

Fiji

Fiji , officially the Republic of Fiji , is an island nation in Melanesia in the South Pacific Ocean about northeast of New Zealand's North Island...

's highest judicial

Judiciary

The judiciary is the system of courts that interprets and applies the law in the name of the state. The judiciary also provides a mechanism for the resolution of disputes...

 officer. He or she is appointed by the President on the advice of the Prime Minister, who is required by the Constitution to consult the Leader of the Opposition

Leader of the Opposition (Fiji)

The post of Leader of the Opposition is a political office common in countries that are part of the Commonwealth of Nations. It did not originate in Fiji but has a long tradition; in British constitutional theory, the Leader of the Opposition must pose a formal alternative to the government, ready...

. This does not give the Leader of the Opposition a veto, only the right to be consulted. The appointment is permanent, until the Chief Justice reaches the age of 70 years. At the discretion of the government, the retirement age may be waived until the Chief Justice reaches the age of 75 years; it may be extended once more, by a maximum of three years. No person, therefore, may hold the office of Chief Justice after reaching the age of 78.

The present Chief Justice is Anthony Gates

Anthony Gates

Anthony Harold Cumberland Thomas Gates is Acting Chief Justice of Fiji.-Early life:Gates was born in the United Kingdom and is a graduate of Cambridge University, and holds Australian citizenship. He had served as a volunteer teacher as a VSO in Sierra Leone and Sri Lanka...

, who succeeded Sir Timoci Tuivaga

Timoci Tuivaga

Sir Timoci Uluiburotu Tuivaga is a Fijian judge, who served as Chief Justice from 1974 to 1 August 2002, when he retired. He was Fiji's first native-born Chief Justice.- Education and career :...

 in 2002. In the wake of the military coup

2006 Fijian coup d'état

The Fijian coup d'état of December 2006 occurred as a continuation of the pressure which had been building since the military unrest of the 2000 Fijian coup d'état and 2005-2006 Fijian political crisis....

 that deposed the Qarase

Laisenia Qarase

Laisenia Qarase is a Fijian political figure. He served as the sixth Prime Minister of Fiji from 2000 to 2006. After the military quashed the coup that led to the removal of Mahendra Chaudhry, Qarase joined the Interim Military Government as a financial adviser on 9 June 2000, until his appointment...

 government on 5 December 2006, Commodore

Commodore (rank)

Commodore is a military rank used in many navies that is superior to a navy captain, but below a rear admiral. Non-English-speaking nations often use the rank of flotilla admiral or counter admiral as an equivalent .It is often regarded as a one-star rank with a NATO code of OF-6, but is not always...

 Josaia Voreqe (Frank) Bainimarama

Frank Bainimarama

Commodore Josaia Voreqe Bainimarama, CF, MSD, OStJ, Fijian Navy, known commonly as Frank Bainimarama and sometimes by the chiefly title Ratu , is a Fijian naval officer and politician. He is the Commander of the Fijian Military Forces and, as of April 2009, Prime Minister...

, the Commander of the Republic of Fiji Military Forces

Military of Fiji

The Republic of Fiji Military Forces are the military of the Pacific island nation of Fiji. With a total manpower of 3,500 active soldiers and 6,000 reservists, it is one of the smallest militaries in the world. However, most of its surrounding island nations have no militaries at all...

 and Acting President of Fiji

President of Fiji

The President of the Republic of Fiji is the head of state of Fiji. The President was appointed by the Great Council of Chiefs for a five-year term under the terms of the now-suspended 1997 constitution. The Great Council of Chiefs is constitutionally required to consult the Prime Minister, but...

, sent Fatiaki on leave. http://www.fijilive.com/news/show/news/2007/01/03/03Fijilive12.html

According to Chapter 9

Constitution of Fiji: Chapter 9

Chapter 9: Judiciary. Chapter 9 of the Fijian constitution is titled Court of Appeal, and the Supreme Court, and also make provision for other courts to be established by law. The Supreme Court is declared to be "the final appellate court of the State" - in other words, there is no judicial...

 of the Fijian Constitution

Constitution of Fiji

The 1997 Constitution of Fiji was the supreme law of Fiji from its adoption in 1997 until 2009 when President Josefa Iloilo purported to abrogate it. It was also suspended for a period following the 2000 coup d'état led by Commodore Frank Bainimarama....

, The Chief Justice presides over both the Supreme Court

Supreme Court (Fiji)

The Supreme Court of Fiji is one of three courts established by Chapter 9 of the Constitution, the others being the High Court and the Court of Appeal. The Supreme Court is declared to be "the final appellate court of the State" - in other words, there is no judicial authority higher than the...

 and the High Court

High Court (Fiji)

The High Court of Fiji is one of three courts established by Chapter 9 of the Constitution of Fiji—the others being the Court of Appeal and the Supreme Court. The Constitution empowers Parliament to create other courts; these are subordinate to the High Court, which is authorized to oversee all...

, but is disqualified from presiding over, or even sitting on, the Court of Appeal

Court of Appeal (Fiji)

The Court of Appeal of Fiji is one of three courts established by Chapter 9 of the Constitution, the others being the High Court and the Supreme Court. The Court of Appeal was a new institution established when the 1997 Constitution came into effect; the other two courts predated it...

. This stipulation is designed to give the Appeal Court a measure of independence from the other two courts.

These constitutional arrangements were temporarily overturned in 2000, following a counter-coup

Fiji coup of 2000

The Fiji coup of 2000 was a complicated affair involving a civilian putsch by hardline Fijian nationalists against the elected government of a non-native Prime Minister, Mahendra Chaudhry, on 19 May 2000, the attempt by President Ratu Sir Kamisese Mara to assert executive authority on 27 May, and...

 by Commodore

Commodore (rank)

Commodore is a military rank used in many navies that is superior to a navy captain, but below a rear admiral. Non-English-speaking nations often use the rank of flotilla admiral or counter admiral as an equivalent .It is often regarded as a one-star rank with a NATO code of OF-6, but is not always...

 Frank Bainimarama

Frank Bainimarama

Commodore Josaia Voreqe Bainimarama, CF, MSD, OStJ, Fijian Navy, known commonly as Frank Bainimarama and sometimes by the chiefly title Ratu , is a Fijian naval officer and politician. He is the Commander of the Fijian Military Forces and, as of April 2009, Prime Minister...

 to neutralize a civilian coup d'état

Coup d'état

A coup d'état state, literally: strike/blow of state)—also known as a coup, putsch, and overthrow—is the sudden, extrajudicial deposition of a government, usually by a small group of the existing state establishment—typically the military—to replace the deposed government with another body; either...

 instigated by George Speight

George Speight

George Speight , occasionally known as Ilikimi Naitini, was the principal instigator of the Fiji coup of 2000, in which he kidnapped thirty-six government officials and held them from May 19, 2000 to July 13, 2000...

. Chief Justice Tuivaga recognized the Interim Military Government that took office and abrogated the Constitution on 29 May, and drafted the controversial Administration of Justice Decree that was immediately promulgated by the military administration. This decree abolished the Supreme Court, made the Chief Justice head of the Appeal Court, and raised the retirement age of the Chief Justice from 70 years to 75. These changes were reversed following a decision of the High Court to reinstate the Constitution on 15 November 2000, a decision upheld by the Appeal Court on 1 March 2001.

Like other judges, the Chief Justice does not have to be a Fijian citizen. When Tuivaga retired in 2002, there were calls from the Citizens Constitutional Forum (a pro-democracy, human rights organization) for a foreigner to be appointed, to recover the independence of the judiciary that had been seen to be politically compromised by the 2000 coup. The government disagreed, however, and appointed Daniel Fatiaki.

List of Chief Justices since independence

Chief Justice	Term of office
Sir Clifford Grant	1970 - 1978
Sir Timoci Tuivaga Timoci Tuivaga Sir Timoci Uluiburotu Tuivaga is a Fijian judge, who served as Chief Justice from 1974 to 1 August 2002, when he retired. He was Fiji's first native-born Chief Justice.- Education and career :...	1974 - 1 August 2002
Anthony Gates Anthony Gates Anthony Harold Cumberland Thomas Gates is Acting Chief Justice of Fiji.-Early life:Gates was born in the United Kingdom and is a graduate of Cambridge University, and holds Australian citizenship. He had served as a volunteer teacher as a VSO in Sierra Leone and Sri Lanka...	1 August 2002 - present