A new Presidential decree, the Legal Practitioners Decree 2009, makes the Registrar of the High Court responsible for the registration of lawyers, and complaints by members of the public will be dealt with by a new Independent Legal Commission. These roles had been the responsibility of the Fiji Law Society from 1996 to 2009. All legal practitioners will need to re-apply for their practicing certificates with the Chief Registrar before their licences expire on June 30th.Details of the decree differ in detail from previous media reports and blog speculations that had the Attorney-General responsible for these two functions, and the disbandment of the Fiji Law Society. The Decree sets out the establishment and continuation of the Society but with voluntary membership. Attorney General Aiyaz Sayed-Khaiyum said the role of investigating complaints against lawyers was given to the new Independent Legal Commission following public complaints of delays when investigated by the FLS.
The decree also helps explain why the Registrar of the High Court took files which contained complaints against lawyers from the FLS offices last Saturday. Sayed-Khaiyum said FLS secretary, Afrana Nisha, "was shown the decree, handed over the keys of the office and practically went down herself to show the Chief Registrar and her officers where the files were." It was not true that she had been forced to hand over the complaint files, as claimed.
Earlier, another judge, Justice John Bryne, was sworn in by the President and reappointed to the Fiji High Court. There are now four High Court judges, and the Court was reopened today. Further appointments to the judiciary are expected soon. Sittings of the Fiji Court of Appeal and Supreme Court have been rescheduled to the end of the year.
NZ Lawyer Reactions to the Decree
John Marshall QC, of the NZ Law Society said: “In New Zealand, the Law Society issues practicing certificates to lawyers. The Fiji Law Society has done the same for the last 12 years. We are very concerned to learn that the Fiji Government, through the Chief Registrar, will now decide who should hold a practicing certificate.
But, according to fellow lawyer and former MP Stephen Franks, this is not quite accurate. He also is concerned about the new decree but writes: "The NZ government in 2006 took over control of lawyer registration and discipline in New Zealand. So the NZLS can’t match Peter Williams QC’s claim that the Fiji legal system is now like that of Hitler’s Germany. Peter explained that the Fiji government will now control even the Society’s handling of complaints about lawyers by the government itself. That’s been the case in NZ since the 2006 Lawyers and Conveyancers Act 2006 came into effect last year."
So, it seems the decree and new judicial appointment do not of themselves mean the end of an independent judiciary in Fiji. Different countries have different systems, and they change over time : the FLS's authorities only date back to 1996. Was there no justice before then?
What is important is that the judiciary must impart justice fairly and be seen to do so. The implementation of the new decree, and the judgments of judges, will be closely watched.
1 comment:
THe Fiji Law Society chose to be desultory in cleaning up its house. The good lawyers failed to ensure that the dishonest and recalcitrant lawyers installed good order. Complaints were rife. When seen in action in courts across Fiji, conduct was wanting on too many counts. Clients were treated as though they were simply a 'slush fund' for the next FLS Convention: registration fee? F$1,000. A shocking indictment of what is expected and ought to be a learned, honourable and responsible profession. The Attorney General has hinted that other professions will follow down this path. Yes? Insurance brokers and Accountants and, maybe, bankers should also be 'hung out to dry'. They have, in the main, acted against the best interests not only of their clients but, in the long term, of their own interets. Very few of us will have much sympathy for any of them.
They had their day in the sun. They "blew it".
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