The Judiciary made its submission to the seven-member Constitution Review Committee, with Chief Justice Salei Temo recommending that judges capable of performing their duties should not have their contracts terminated upon turning 75, despite current constitutional provisions.

Section 110 (1) of the Constitution states that non-citizens appointed as judges serve terms not exceeding three years, as determined by the Judicial Service Commission, and may be eligible for reappointment.

Meanwhile, subsection (2) stipulates that other judicial appointments continue until the judge reaches retirement age.

For the Chief Justice, President of the Court of Appeal, Judges of the Supreme Court, and Judges of the Appeal, the age is 75, and subsection (B) for the Judges of the High Court, the age of retirement is 70.

Section 110 (3) states that a person who retired as a judge of the High Court but has not reached the age of 75 is eligible for appointment as a judge of the Supreme Court or as a Justice of Appeal.

Justice Temo says that while this section governs appointments to the High Court, Court of Appeal, and Supreme Court, it has disadvantaged local judges since 2013.

“You see, as of now, before I took an office as acting Chief Justice and Chief Justice of the Superior Courts of Fiji, which is the Court of Appeal, starting with the High Court, Court of Appeal, and Supreme Court, were dominated by Sir Lankan judges. When I came into office, I made sure that we revert to what we are used to getting our Superior Court judges from New Zealand, Australia and Britain.”

Justice Temo says Fiji’s Superior Courts are currently staffed by retired judges from New Zealand, Australia, and the UK.

He argues that academic brilliance and multiple degrees do not always equate to the wisdom required to benefit society.

He further points out that contracts are often extended for foreign judges over the age of 75.

“However, when it comes to a citizen of Fiji, we have to tell them at 75 you have to go by virtue of Section 110 (2). Now we tend to see that as a discrimination against us pursuant to Section 26 of the Constitution, which forbids discrimination on the grounds of age.”

The Chief Justice highlights that many judges remain in good health upon reaching 75.

“I don’t know why. You know, in my view, it’s not just because they’ve turned 75 to terminate their contract when they still can act as judges, and that’s why we are suggesting an amendment. Consistent with the spirit of subjection (1) and not withstanding subsection (2) of this section (110), a person who has attained the retirement age under Subsection (2) and whose ability to perform the function of the office may be eligible for reappointment.”

He stresses that local judges should not be unnecessarily barred from holding office beyond 75.

Justice Temo is also urging young local High Court judges to prove their capabilities.