Fiji Judicial Department Strategic Plan 2019-2023

Judicial Department Strategic Plan 2019-2023

Fiji Access to justice project

Foreword

The Judicial Department aims to improve access to justice to rural and remote areas. We are well on track and will continue to remain so as we embark on this five year Strategic Plan. One of the key initiatives of the transformation of the justice system is to improve access to justice, having regard to persons who may be inarticulate or have limited means.

The establishment of the Magistrates’ Courts in all the major districts in Fiji will include Island Court Sittings in Kadavu, Rotuma, Lau and the Lomaiviti groups as well as the decentralisation of the Small Claims Tribunals. There is a plan underway to conduct an island court sitting in the Yasawa group whilst monthly sittings are already being conducted in Nadarivatu (Ba), Nalawa (Ra) and Keiyasi (Nadroga).

We have made significant progress in establishing and upgrading these courts across the country. Every new Magistrate’s Court to be established in the future will automatically have a Small Claims Tribunal attached to it. Previously the Small Claims Tribunals only sat in Suva, Lautoka and Labasa.

The High Court operates from the Divisional Courts in the three main centres - Suva, Lautoka and Labasa. Whilst there are High Court Judges stationed in Suva and Lautoka, Judges from Suva conduct cases for the Labasa High Court and sometimes travel to the West (Lautoka High Court) to conduct cases there as well. The Suva High Court Judge for the Family Court conducts such sittings for the West (Lautoka Family Court) and the North (Labasa Family Court) every month. It is envisaged that the two Divisions (North and West) will be able to maintain their own Divisional High Courts that do not depend on visiting Judges from Suva in the future. There are also plans to increase the number of Judicial Officers (both Resident Magistrates and Judges) to ensure the timely turnover of cases for all courts.

A team working with the Town and Country Planning Department has also been tasked with the review of the court boundary in the Navua to Naitasiri corridor. This is aimed at ensuring a better justice for all. This was also needed to ensure that the Police would align their cases with the respective jurisdiction of the allocated court.

During the following year we will be implementing e-filing, and continue with our programme to provide a video record of all court proceedings.

These are some of the highlights of our programmes and we are looking forward to the conclusion of these and other initiatives and interventions outlined in this Strategic Plan.

Anthony Gates Chief Justice and Chairperson Judicial Services Commission.

Statement by the Chief Registrar

This 2019-2023 Strategic Plan for the Judicial Department is the culmination of a concerted and collaborative multi-stakeholder and multi-phase effort made possible by the timely funding provided by the European Union and the guidance of a specialist by the United Nations Development Programme.

The plan consolidates input from individual interviews, focus group discussions and a stakeholder consultative workshop. We commend everyone who committed their time and effort to participate in these interactive activities to ensure that the Plan is finalized. The Plan is therefore a milestone in the transformation of the Judicial Department given the many achievable targets.

This Strategic Plan seeks to support the judicial reforms aimed at improving the efficiency and effectiveness of the administration of the courts. The previous Strategic Plan has been used as a bridge into the current Plan. There were significant achievements and success attained from the previous Plan however many of the lessons learnt, challenges and experiences will be taken forward into the current Plan.

Finally, I thank the EU and UNDP for their extraordinary effort, industry and commitment towards ensuring that this process was finalized.

To everyone else, this Strategic Plan 2019 - 2023 for the Judicial Department is a guide or roadmap to achieving the aspirations of all Fijians as aptly captured in the Constitution. I look forward to joining hands and walking together along the path of transforming our courts Fiji wide.

Yohan Liyanage Chief Registrar, High Court of Fiji

The Judicial Department

1. the judicial Department

1.1 role and function of the judicial Department

Under Chapter 5 – Judiciary, Part A – Courts and Judicial Officers of the 2013 Constitution, judicial power and authority of the State is vested in the Supreme Court, the Court of Appeal, the High Court, the Magistrates’ Court, and in other courts or tribunals created by law. The courts and all judicial officers are independent of the legislative and executive branches of Government, and are subject only to the Constitution and the law, which they must apply without fear, favour or prejudice.

No person may interfere with the judicial functioning of the courts, or unreasonably interfere with the administrative functioning of the courts.

Parliament and Cabinet, through legislative and other measures, must assist and protect the courts to ensure their independence, impartiality, accessibility and effectiveness.

Parliament must ensure that the Judiciary has adequate financial and other resources to perform its functions and exercise its powers properly.

The Judiciary has control of its own budget and finances, as approved by Parliament.

The establishment of the Courts and their functions are clearly articulated in accordance with Chapter 5 of the 2013 Constitution of the Republic of Fiji.

In this regard, the Judicial Department is responsible for enhancing the quality of Justice in the community by ensuring an effective and accessible system of Courts. The Department upholds the principles of equality, fairness, access and commitment while protecting the dignity and rights of all members of the community.

Judicial Services Commission Section 104 (1) of the Constitution establishes the Judicial Services Commission which has the following functions:

i. In addition to the functions conferred on it elsewhere in the Constitution, may investigate complaints about judicial officers;

ii. Has such other powers and functions as may be prescribed by a written law;

iii. Responsible for promoting programmes for the continuing education and training of Judges and judicial officers;

iv. Responsible for the efficient functioning of the Judiciary;

v. May regulate its own procedure and may make such rules and regulations as it deems fit for regulating and facilitating the performance of its functions;

vi. Provide regular updates and advice to the Attorney-General on any matter relating to the Judiciary or the administration of justice;

vii. Shall be independent and shall not be subject to the direction or control of any person or authority, except by a court of law or as otherwise prescribed by written law in the performance of its functions or the exercise of its authority and powers; and

viii. Has the authority to appoint Magistrates, Masters of the High Court, the Chief Registrar, and other judicial officers as may be prescribed by any written law in consultation with the Attorney General.

In addition, as per Section 108(1) regarding the Judicial Department employees, the Judicial Services Commission has the authority to:

(i) Appoint, remove and take disciplinary action against all non-judicial officers employed in the Judiciary;

(ii) Determine all matters pertaining to the employment of non-judicial officers employed in the Judiciary including —

• the terms and conditions of employment;

• the qualification requirements for appointment and the process to be followed for appointment, which must be an open, transparent and competitive selection process based on merit;

• the salaries, benefits and allowances payable, in accordance with its budget as approved by Parliament; and

• the total establishment or the total number of non-judicial officers that are required to be appointed, in accordance with the budget as approved by Parliament.

1.2 jurisdiction of the courts

The aim of the Judicial Department is to enhance the quality of Justice in the community by ensuring an effective and accessible court system for all.

The principal Courts of Fiji are:

• the Supreme Court;

• the Court of Appeal;

• the High Courts;

• the Magistrate’s Courts; and

• the Arbitration Court

Tribunals include:

• the Small Claims Tribunal;

• the Agricultural Tribunal;

• the Tax Tribunal;

• the Land Transport Authority Tribunal;

• the Employment Relations Tribunal;

• the Public Service Disciplinary Tribunal;

• the Liquor Tribunal;

• the Medical and Dental Tribunal;

• the Environmental Tribunal; and

• the Central Agricultural Tribunal.

the supreme court is the final appeal court in Fiji. It has exclusive jurisdiction, subject to such requirements as may be prescribed, as and when the need arises to hear and determine appeals from the Court of Appeal. It has power to review, vary, set aside or affirm decisions or orders from the Court of Appeal and may make such orders (including an order for a new trial and an order for award of costs) as are necessary for the administration of justice. The Supreme Court may review any judgment, pronouncement or order made by it. Its decisions are binding on all the Courts of the State.

the court of Appeal is the intermediate appeal court. It has jurisdiction, to hear and determine appeals from the High Court, and has such other jurisdictions as conferred on it by law.

the High court has unlimited original jurisdiction to hear and determine any civil or criminal proceedings under any law and such other original jurisdiction as is conferred on it under the Law. It also has original jurisdiction in any matter arising under our Constitution or involving its interpretation. It is the Court of Disputed Returns in matters affecting

elections to Parliament. Further, it has jurisdiction to hear and determine appeals from the lower courts.

probate jurisdiction is also a section in the High Court dealing with grants and application of probate filed under the Succession, Probate & Administration Act. Order 76 of the High Court Rules and other practice directions comes into play in as far as the probate application. The Probate Section is also responsible for the registration of Wills and the processing of FNPF Invalid Nomination & Valid Minor Nominee applications. This is governed by the Wills Act (Cap 59) and the FNPF Act 2011.

Magistrate’s courts are established under the Magistrate’s Court Act (Chapter 14). It is the Court of first instance and most Civil and Criminal cases are first heard in the Magistrate’s Court. Magistrate’s Courts handle Civil, Criminal, Traffic, Inquest, Domestic Violence Restraining Order and Juvenile matters. All Criminal matters regardless of the seriousness of the charge have to be filed in the Magistrate’s Court. Criminal proceedings are those that are brought before a Court to seek the conviction and punishment of a person or body for the commission of an act that amounts to a criminal offence under the law. In Civil proceedings a Magistrate’s Court has jurisdiction to hear all Contract or Tort claims where the amount claim does not exceed $50,000 and proceedings between Landlord and Tenant where the annual rent of property does not exceed $5,000. If the amount in dispute exceeds these limits, a Magistrate’s Court may nonetheless hear the case if the parties consent to limit the claim up to $50,000. In the exercise of their Criminal Jurisdiction, Magistrate’s Courts have the powers and jurisdiction conferred on them by the Crimes Act and Criminal Procedure Act, the two Principal legislations or any other law for time being in force.

the employment relations court is newly established under Section 219 Part 20 (Institutions) of the Employment Relations Act as a Division of the High Court. Similar to High Court, the Employment Relations Court has a very wide jurisdiction to hear and determine aspects of law relations to employment matters including appeals, offences, all actions for the recovery of penalties, compliance orders and other functions or powers conferred on it by the Act or any other written law. A party

to proceedings before the Employment Relations Tribunal who is aggrieved by a decision of the Tribunal in the proceedings may appeal as of right or by leave to the Employment Relations Court of Appeal.

the Family court is presided over by a Judge and Magistrates. It is vested with jurisdiction under the Family Law Act 2003. The Family Court of the Fiji Islands officially opened on 31st October, 2005. The Family Law Act 2003 came into effect on 1st November, and 2015.The Court has Two Divisions:

i. Family Court Division of the High Court

ii. Family Court Division of the Magistrates Court

The Family High Court deals with matters such as Application for order of Nullity (nullification of marriage), Appeals, Hague Convention applications, Registration of overseas orders and miscellaneous applications.

The Family Magistrates Court deals with matters such as Application for Declaration as to Validity, Dissolution of Marriage (Divorce), Maintenance & Contribution applications, matrimonial property distribution between the parties, residence/contact issues in relation to children absconding, warrant applications in order to stop a party from leaving the country prior to finalization of the matter, Recovery Order application for recovering children, DVRO applications, Reciprocal enforcements, Adoption applications, Judgment Debtors Summons, Contempt application when a party breaches a Court Order, Enforcement of Maintenance orders. Interim applications are also made in respect of some of the substantive matters.

Family Court property, residence and contact matters are dealt by the Registrar /Deputy Registrar and Counsellors for case assessment.

Counselling is also part of the service provided by the Family Court. It is headed by the Director, Counsellors and offers services free of charges. It also becomes an integral part of a proceeding when it comes to children’s issues.

the Arbitration court has jurisdiction to hear and determine trade dispute matters or matters in the manner set out in Part 19 of the Employment

Relations (Amendment) Act No. 4 of 2015. It is presided over by the Chair or Deputy Chairs, who are appointed by the President on the advice of the Prime Minister following consultation by the Prime Minister with the Chief Justice and currently the Chief Registrar of the High Court of Fiji is the Arbitration Court Chair.

the small claims tribunal has jurisdiction in respect of any Civil claim with a monetary ceiling of $5,000.00. It does not have the jurisdiction to hear disputes involving titles to or possession of land. The Small Claims Tribunal is headed by a Referee and determination of a particular matter will be made as the Referee thinks fit. No lawyers are allowed to appear in Small Claims Tribunal.

the central Agricultural tribunal has jurisdiction to hear appeals where a Landlord or a Tenant is aggrieved by an award, order or certificate of Agricultural Tribunal made or issued under the provisions of the Agricultural Landlord and Tenant Act, Cap.270.

the tax tribunal

The Fiji Tax Tribunal is a subordinate Court to the Tax Court.

The Tribunal has jurisdiction —

1. to review a reviewable decision relating to a tax assessment or tax law, and

2. exercise any other function or jurisdiction conferred to the Tribunal under Tax Administration Decree 2009 or any other written law.

These written laws include the Tax Administration Decree; the Gambling Turnover Tax Decree; the Hotel Turnover Tax Act; the Income Tax Act; the Land Sales Act; the Value Added Tax Decree; and any other Act, Decree or Promulgation (other than the customs and excise legislation) under which a tax or levy is imposed if responsibility for the general administration of the tax or levy is imposed on the CEO.

The Tribunal has power —

1. to adjudicate on matters within its jurisdiction relating to disputes up to $50,000; and

2. to determine claims where the amount in dispute exceeds $50,000 if both parties consent to the Tribunal’s Jurisdiction.

3. to determine any decision relating to the registration or cancellation of registration of a Tax Agent.

the employment relations tribunal is newly established under Section 202, Part 20 of the Employment Relations Act and its jurisdiction is much wider than that of the former Arbitration Tribunal. If employment disputes or employment grievances are not resolved at the Mediation Service, the Employment Relations Tribunal assists employers/their representatives and workers/ their representatives/trade union, by adjudicating empolyment grievances or disputes between the parties. The Tribunal also assists the disputing parties to amicably settle disputes and have it in writing as a binding award or decision. In adjudication proceedings, there is also a requirement on the tribunal to provide mediation assistance to the disputing parties when the need arises.

Land transport Appeals tribunal

Section 40. (1) Of the Land Transport Act establishes the Land Transport Appeals Tribunal. The function of the Tribunal is to hear and determine appeals against decisions of the Authority relating to-

1. licensing of drivers under section 56;

2. any matter requiring a decision of the Authority under Part VI;

3. any other matter prescribed by the Minister by regulations,

In terms of Section 41 of the Act, the Judicial Service Commission may appoint a person who-

1. is qualified to be appointed as a judge; or

2. has relevant academic qualifications and experience, to be the Tribunal.

The Judicial Service Commission may appoint a person possessing the qualifications stipulated in subsection 41 (1) to be alternate Tribunal, to sit whenever the person first appointed is unable to do so.

The Tribunal has the following powers-

1. to issue a summons to a witness in the prescribed form;

2. to call for the production of books, plans and documents;

3. to examine witnesses on oath or affirmation;

4. to admit any evidence whether written or oral and whether or not such evidence would be admissible in civil or criminal proceedings;

5. to exclude any person if necessary so as to ensure the proper conduct of the appeal or to preserve order.

On an appeal, the Tribunal may dismiss the appeal or make such order as it thinks just and reasonable in the circumstances directing the Authority to issue, transfer, or cancel any licence, certificate or permit, or to impose, vary, or remove any condition or restriction in respect of a licence, certificate or permit, and the Authority shall comply with that order.

Upon the determination of an appeal the Tribunal may make such order as it thinks just with the respect to the costs of the appeal, and any person to whom any such costs are awarded may recover the amount of those costs in any court of competent jurisdiction, as a debt due from the person against whom those costs are awarded.

Liquor tribunal The Divisional Liquor Licensing Authority in each Division consists of a Chairperson who is appointed by the Minister on the nomination of the Chief Registrar; the Divisional Commissioner or his nominee; the Solicitor-General or his nominee, and 2 other persons normally resident in the Division appointed by the Minister. The appointments of nominees shall be at the discretion of the Divisional Commissioner and the SolicitorGeneral respectively. Members are appointed for 3 years and eligible for reappointment.

The granting or issue of liquor licences under the Liquor Act 2006 is at the discretion of the Liquor Authority which is exercised judicially. Applicants for liquor licences are required to comply with statutory provisions in relation to health, OHS and other matters relating to the safety and security of the neighbourhood.

There are about 4 or 5 sittings in a year depending on the volume of applications. When the Divisional Liquor Licensing Authority is not sitting, matters such as issue of special licences, objections to pending applications and other preliminary matters are dealt with by the Office of the Commissioner

of the Division and the Secretary of the Divisional Liquor Licensing Authority.

the Medical and Dental tribunal is set up under the act to determine complaints and issues raised by members of the public against dental and medical practitioners in relations to their practice. Medical / Dental Tribunal is established under Section 69 part 10 Medical and Dental Professional Conduct Tribunal. The Tribunal consist of 3 members appointed by the Chief Justice of whom the President is a person who is qualified to be a judge of the High Court and 2 other member who are either registered medical or dental practitioner (depending on the nature of the inquiry) chosen from the Penal. The Tribunal has jurisdiction to hear;

a. An appeal against the refusal by a Council to register, or reinstate the registration of, a person, brought by the person ;

b. An appeal against the refusal by a Council to license a registered person in a specified or any vocational category , brought by the person;

c. A complaint laid by a Council on election by a respondent under section 62(3);

d. A complaint laid by a Council on the recommendation of a Professional Conduct Committee under section 56(4);

e. An appeal against disciplinary decision by a Council under Part [9] brought by a respondent who is aggrieved by the decision;

f. An appeal against a decision of a Council under section 66 relating to the medical fitness of a person brought by the person;

g. An appeal against a decision of a Council under Section 67 on the variation or revocation of conditions imposed on registered person, brought by the person.

the environmental Management tribunal is established by Section 56 of Environment Management Act 2005 comprising of a Legal Practitioner qualified for appointment as a judge, as chairperson, appointed by the Judicial Service Commission and 2 other members appointed by the Minister. The Tribunal may hear and determine any appeal referred to it under this Act or any other written Law. The Tribunal may confirm or dismiss the appeal. In hearing an appeal, the Tribunal may state a case to the High Court for its opinion. The Chief Justice may make rules and procedures of the Tribunal.

Statutory Tribunal is consists of the various tribunals

under the different acts which is presided by a Resident Magistrate. This includes:

Tax Tribunal

¬ Environmental Tribunal

¬ Judicial Department Disciplinary Tribunal

¬ Employment Relations Tribunal

the public service Disciplinary tribunal is established under section 120 (9) of the Constitution to hear and determine disciplinary action instituted by:

(a) The Public Service Commission against any Permanent Secretary; or

(b) A Permanent Secretary, the SolicitorGeneral, the Director of Public Prosecutions or the Secretary-General to Parliament against any person employed in their respective Ministries or Departments.

Any decision of the Tribunal shall be subject to review by the High Court.

The Tribunal shall provide regular updates and advice to Parliament on any matter relating to its functions and responsibilities.

the Fiji Mediation centre was set up in the year 2015 in collaboration with the Singapore Mediation Centre with the aim of mediation as a mean to alternative dispute resolutions. FMC is headed by the Judicial Department in Fiji and its panel of mediators comprises of accredited, experienced and professionals from the public and private sectors. Mediation was set up as a process of bringing parties together to resolve their differences through discussion and problem solving where it seeks to achieve win –win solutions acceptable to all parties.

1.3 Funding

The Judicial Department is fully funded by the Government of Fiji.

1.4 strategic intent

For this Five Year Strategic Plan, the Judicial Department will implement strategies which will maximise its efficiency and effectiveness for an independent Judicial system for Fiji.

In this regard, our primary purpose is to safeguard and maintain the rule of law in Fiji, and to ensure:

• equal access to justice;

• fairness, impartiality and independence in decision-making;

• processes that are transparent, timely and certain;

• accountability for the Court’s use of public resources; and

• the highest standards of competence and personal integrity

2. the judicial Department plans and planning process

This five year Strategic Plan for 2019-2023 will annually draw on the Department’s Corporate and Business Plans. The Planning process has taken into consideration the needs of our stakeholders, the people of Fiji, the Constitution and the Ministry of Economy requirements as suggested in Figure 2 on the following page.

Relevant provisions of the Constitution of the Republic of Fiji

Figure 1: judicial Department planning process

Strengthening Access to Justice

The Constitution of Fiji 5 Year & 20 Year National Development Plan

Ensure effective, enlightened and accountable leadership

Strengthening law and justice

Ensure a Judicial system that is accessible, efficient, effective and transparent

Court Management Court Support Staff

Policy Advice and Ministerial Support

Judicial Education Services and Library Services

Divisional Output from 2019 - 2023

Corporate

Figure 2: strategic Framework: 2019-2023

3. strengths, Weaknesses, opportunities & threats Analysis

Strengths

• Attractive remuneration package based on performance

• Independent and impartial Judiciary

• The Judicial staff

• Decreasing court backlogs

• Circuit courts to maritime areas four times annually

• IT Section and equipment

• Training and development

• Visionary leadership

• Internal auditing

• 360o feedback system

• Workshops for Commissioners for Oaths and Justices of the Peace

• Allowances for Commissioners for Oaths

• Teamwork

• Standard Operating Procedures

• Efficient monitoring and evaluation systems

• Communication

• ‘Five S’ methodology for workplace organisation

• Public recognition of operational efficiency

• Video Conferencing

• Ethics and etiquette workshop for lawyers

Opportunities

• Conducting more community awareness

• Partnership with media on advertising

• Performance management system

• Software solutions and improved computerization, automation and e-filing systems

• Upgrade and develop office and court premises

• Bringing remuneration into line with achievements, qualifications and performance

• Maximising utilization of existing technology & resources

• Developing an efficient and methodical system of fines collection

• Scholarship-based overseas training and attachments with other court systems in Commonwealth countries

• More training for support staff

• Case Management System

• Judicial Website

• Night Courts

• Training on Special Interpretation skills and in other languages

Weaknesses

• Difficulty of recruiting judicial officers

• Lack of awareness of services

• Geographical location of remote areas

• Anecdotal public perceptions about delays and independence

• No empirical data on public perceptions

• Lack of awareness that we are no longer part of Ministry of Justice

• Lack of office space

• Office not OHS compliant

• Punctuality/Absenteeism

• Delay in court cases

Threats

• Natural disasters

• External stakeholders – delayed court proceedings; capital projects; delayed response time for IT.

• Political changes

• Water and power cuts

• Online security risks

• Breach of procedures by some staff

4. Vision, Mission and Values

Vision: An independent and impartial Judicial system for the Republic of Fiji.

Mission: To ensure a Judicial system that is accessible, efficient, effective and transparent.

Values: The Department is committed to:

i. Good Governance – an accountable and responsible workforce.

ii. Professionalism – integrity, timeliness, honesty and courtesy.

iii. Equity – equal treatment, impartiality and fairness for all.

iv. Excellent Customer Service – responsiveness and on time service delivery.

v. People Capital Development – capacity building as per the Organisational needs.

vi. Innovation and Creativity – developing, initiating and generating new ideas for growth.

vii. Safe and Healthy Work Environment – a commitment to protecting the health and safety of all employees, customers and the natural environment,

viii. Exemplary Leadership & Teamwork –visionary leaders who celebrate values and victories through creating a spirit of community.

statement of commitment: To serve justice in the community by reaching out to the public and attending to Judicial tasks diligently, efficiently and in a timely manner.

This is represented in the following graphic.

5. strategies

The following strategies based on the Judicial Department’s Values and the International Framework for Court Excellence have been incorporated in the five-year Strategic Plan for 2019-2023 to bring it into line with the Constitution of the Republic of Fiji and relevant Government policies:

Building public trust and confidence

Providing affordable and accessible court services

Providing good court management and leadership

Establishing client needs and satisfaction

Streamlining and simplifying court proceedings and processes

Ensuring adequate human, material and financial court resources

Establishing effective court policies

Strategy 1: Providing good court management and leadership

Goals and objectives:

• To train all judicial officers and support officers in good governance

• To ensure the selection of high calibre leaders

• To recruit experienced and qualified personnel

• To deliver judgments, sentencing and rulings in a timely manner

• To promote team-building and unity of all staff

• To ensure efficient and effective human resource planning and management

• To create a safe and harmonious working environment by maximizing the personal development of NonJudicial officers

1. Ensuring efficient and effective human resource planning and management

The human resource plan for the department continues to be developed (staffing/ workload balance/ career path and succession planning) in accordance with the Annual Training Plan

Customer-oriented services training continues as in accordance with the Annual Training Plan

The Performancebased merits system continues to operate in accordance with the Annual Training Plan

The annual reviews and performance assessment continues in accordance with the Annual Training Plan Development training continues to be conducted as set out in the Annual Training Plan

• Human Resources and selection panellists

• Business Excellence program

• Training Unit

$20,000 per annum

Specialized trainings for all staff from experts.

Improving services to make user and customer friendly registries.

As per annual Training Plan

• Equipped HR team

• Performance Management System

$ - As per Department’s PMS policy

As per Department’s PMS implementation plan.

2. Customer - oriented services training Annual Training Plan

3. Performance based merits system

4. Annual review and performance assessment

5. Compiling monthly, quarterly and annual reports for internal use

6. Production by judicial officers of rulings, judgments and sentences in a timely manner

7. Benchmarking the performance of Non-Judicial officers against international justice systems

Collation of statistics and their analysis online are enhanced by the end of December annually.

Monthly, quarterly and annual reports are compiled for internal use

• Statistical reports

• Internal systems

• Law books

• Legal Research assistant

• Internet

Non-Judicial officers produce rulings, judgments and sentences in a timely manner

Non-Judicial officers who are sent overseas compare the Fiji Judicial Department’s practices against international justice systems and impart their knowledge within 3 months of their return

• Secondments to overseas

• Justice sectors

• Study visits to overseas justice sectors

$20,000 / annum

Monthly, quarterly and annually by end of December

$10,000 / annum

Strategy 2: Establishing effective court policies

Goals and objectives:

• To continually re-engineer business procedures

• To strategize training and development involving general and specific topics

• To involve Judicial and Non-Judicial officers and in planning and problem-solving

• To annually review policies and standard operating procedures

• To publish policy and planning results

1. Reviewing current SOPs, forms, housekeeping systems, ‘5S’ procedures and uniforms

2. Improving integration of services, liaison and consultations with stakeholders

SOPs, forms, housekeeping systems, ‘5 S’ procedures and uniforms are reviewed annually.

Liaison and consultations with stakeholders are conducted regularly throughout the year to ensure integration of services.

• Current SOPs

$50,000

Mandatory compliance after review – ongoing

• Regular meetings

• Practice directives

$20,000 By Chief Justice, Chief Registrar, Chief Magistrate and stakeholders –ongoing

3. Conducting awareness programmes for stakeholders such as the general public and lawyers

4. Encouraging a collaborative approach to decisionmaking

Public awareness programmes are conducted at least four times a year

Lawyers’ programmes are conducted at least once a year

Section Heads monthly meetings and Divisional Heads meetings annually.

• Training Department

• Stakeholders

• Universities

• Court Registries

$100,000 / annum

• Section Heads $50,000/ annum

Public awareness programmes 10 times a year

New lawyers’ programmes once per year

Monthly meetings with staff to gather best approaches for recommendations to management

Annual Divisional Heads Meeting

Open-door policy by management

Strategies

5. Implementing and monitoring the Customer Service Charter and other policy documents and subjecting them to review

The Monitoring and Evaluation Unit regularly monitors and evaluates the Customer Service Charter and other policies and the progress of the implementation.

The Customer Service Charter and other policy documents are reviewed annually to ensure compliance with the 2019-2023 Strategic Plan.

The Divisional Heads Meeting reviews the outputs of the Judicial Department.

•

•

Annual Divisional Heads Meeting

Strategy 3: Ensuring adequate human, material and financial court resources

Goals and objectives:

• To increase the numbers of Judicial officers

• To recruit experienced and qualified personnel

1. Increasing the numbers of Judicial officers

Judicial officers positions are advertised and recruitment –ongoing Locations where appointments should be made are identified – ongoing Judicial appointments are localized – ongoing

• Expatriates, qualified Judicial officers

• Newspapers

• Websites

$2,000,000 / annum Advertise for annual recruitment of Judicial officers – ongoing for vacant posts

• To appoint competent and capable judicial officers

• To recruit NonJudicial officers that can provide a transparent, effective, efficient and impartial justice system

• To install new human resources and financial accounting software.

• To conduct professional development programmes

2. Introducing KPI for Judicial officers

KPI for Judicial officers introduced

• KPIs for Judges from Chief Justice

• KPIs for Magistrates From Chief Magistrate

No cost By directives from Chief Justice and Chief Magistrate by end of December annually

3. Recruiting qualified Judicial officers and Non-Judicial officers

Qualified non Judicial officers are recruited Candidates for work as NonJudicial officers are interviewed after 14 days of advertisements and their appointments are confirmed by the Selection Panel within one month

• Advertisements in website & Newspapers;

• Identification of selection panelist

• Panel Submissions

$60,000/ annum Review of MQRs of positions and timely recruitment.

Ongoing

4. Workshops and trainings for all NonJudicial officers to increase productivity

5. Conducting regular training and workshops on general topics (e.g. time management, team building, stress management, personal budgeting, changing attitudes, customer service ethics and etiquette, control of court proceedings)

Workshops and training are conducted involving Judicial and NonJudicial Officers and are evaluated by them.

Regular training and workshops on general topics are conducted each year.

• Training Department Professional trainers

$200,000/ annum Chief Justice and NJEC to provide approval for training and workshops

• In-house and external presenters

• Venue

• Qualified trainers

• Stationery

$500,000 Chief Justice and NJEC to provide approval for training and workshops for Judicial Officers and Chief Registrar for nonJudicial Officers.

Strategy 4: Streamlining and simplifying court proceedings and processes

Goals and objectives:

• To implement technical support (networks, CCTV and video recording systems, FTR)

• To integrate the database

• To link E-filing to data base

• To implement ‘state of the art’ information

technology for reducing case backlogs of cases and to increase the rate of case disposal

6. Conducting training workshops on specific topics such as introduction of new laws and repealing of old laws, best practices for Fiji, changes made to procedures etc.

1. Reengineering business procedures

Regular training workshops on specific topics are conducted each year.

Regular training workshops on specific topics are conducted each year.

Training and Development Plans implemented annually

Standard Operating Procedures are reviewed – ongoing

Regular consultations with stakeholders are held – ongoing

2. Improving management and automation of court listings by integrating the data base

Management and automation of court listings are improved by being integrated into the data base by the end of December 2023.

3. Linking E-filing to data base E-filing is introduced by the end of December 2023.

• TV screens

• Website

•

•

• Software

•

•

To establish time frames for disposal of court cases

4. Implementing ‘state of the art’ information technology to reduce case backlogs and to increase case disposal rates

Statutory timelines are established within which cases are to be disposed

Workload and registry management software is installed and implemented

Transcribing services implemented by the end of February 2023

E-filing is Introduced and implemented by the end of December 2023

‘State of the art’ technology is installed and operational by the end of June 2023

‘State of the art’ software is introduced to reduce backlogs and increase disposal of cases

To commence in 2022: testing stage by September 2022 completion and final delivery by June 2023

Strategies

Timeframes for disposal of court cases have been established by the end of December 2019.

Strategy 5: Establishing client needs and satisfaction

Goals and objectives:

• To create awareness amongst stakeholders on the need to educate the public about changes in the law

• To provide the general public with legal procedural awareness

• To conduct research into public perceptions of the judicial system and the rule of law

• To obtain regular feedback and surveys from all court users

• Ongoing by Training Department; NGOs, stakeholders and university law students

1. Reaching out to the communities by providing procedural awareness training to the general public, including at community and provincial meetings and using different modes of media

2. Conducting legal awareness programmes in rural and remote areas

Procedural awareness trainings are conducted throughout the year by court officers

• Public Information Unit

• Court registries

$50,000/ annum 10 times a year, using court officersongoing

Procedural awareness programmes are conducted in rural and remote areas by court officers throughout the year

Where courts go on circuit to rural and remote areas court officers provide procedural awareness

• Public Information Unit

• Stakeholders • Court registriess

$50,000/ annum Ongoing by Public Information Unit; stakeholders- ongoing

Strategies

3. Conducting procedural awareness for secondary school students on domestic violence, child welfare and criminal law

4. Conducting public legal awareness through exhibition programmes

Procedural awareness programmes for secondary school students are conducted in schools by court officers throughout the year

• Public Information Unit

• Stakeholders • Court registries

$10,000/ annum

Ongoing by Public Information Unit; stakeholders- ongoing

Public procedural awareness conducted through exhibition programmes by skilled Judicial Department staff using manuals, SOPs and brochures throughout the year

• Skilled staff

• Manuals

• SOPs

• Brochures

$15,000 / annum Ongoing

Strategy 6: Providing affordable and accessible court services

Goals and objectives:

• To decentralize courts

• To improve court facilities

• To establish a comprehensive and a user-friendly Website

• To decentralize court sittings and services so that they reach rural and remote areas

• To establish a comprehensive and a user-friendly Website

• To establish public information centres at all courts

• The Chief Registrar’s Office to verify and amend the projects in line with current plans in consultation with the Chief Justice.

• To upgrade the existing facilities

• To build new courts

1. Construction of New Ba Court House

• Appointing a lead Consultant to manage the project

• Designing Phase

• Tender for Construction

• Construction and Commissioning of new building

Ministry of Infrastructure & Transport (DBGA), Ministry of Economy (CIU)

$25m

Construction of the new Ba Court to commence in 2019 at the new site.

2. Extending the Rakiraki Court House

Insufficient space for present land to include new court

New land to be acquired

New court to be built

$500,000

• Ministry of Works, Lands, Administration, Accounts & MOE

3. Building the High Court Complex for Lautoka

4. Moving Supreme Court and Court of Appeal and its library to Old Parliament Building

Construction to commence by the end of December 2020.

Instead of refurbishing the remaining Old Government Building the Court will move to the Old Parliament Building by end of July 2020

The High Court Library will also move to the Old Parliament Building

Ministry of Works, Lands, Administration, Accounts & MOE

Ministry of Works, Lands, Administration, Accounts & MOE

$42,500,000

Construction by Dec 2020

$30,000,000

Renovating current building and moving to Old Parliament Building by Dec 2018

5. Construction of the Nasinu Court House

Land has been secured Construction commenced in 2018 and to be completed by 2020.

Ministry of Infrastructure & Transport), Ministry of Economy (CIU), Lands Dept, Administration, Accounts, LC

$16m Construction to be completed by end of 2018

6.

• Liaise with Landlord on extension work.

• Technical assistance from Director Buildings

• Tender for Construction

• Construction and Commissioning of new building

• Secure Land

• Liaise with DBGA on design brief

• Designing Phase

• Tender for Construction/Award

• Construction and Commissioning of new building

Ministry of Infrastructure & Transport (DBGA), Ministry of Economy

$1m

The Department to coordinate with the Landlord the extension of the Labasa Court. Landlord is engaging own Technical team to oversee the project.

Ministry of Infrastructure & Transport (DBGA), Ministry of Economy

$1.5m

A new Court is required between Labasa and Nabouwalu due to the distance between the two Court Houses. The new Court House to serve the people of Dreketi and nearby villages and settlements.

Extension of Labasa Court House

7. Construction of new Court House in Dreketi, Macuata including a staff Quarters

8. Construction of Court House at Savusavu

9. Construction of Court House at Keiyasi

10. Construction of Court House at Tavua

11.

• Liaise with DBGA on design brief

• Designing Phase

• Tender for Construction/Award

• Construction and Commissioning of new building

Ministry of Infrastructure & Transport (DBGA), Ministry of Economy

$3m The existing Court House is very old and is beyond repair. 1st phase of the project will be the carrying out of Civil Works to the existing site which includes demolishing of the current Court House. 1st phase is already going through Tender process and work to commence in 2019. The 2nd phase will be Construction of the new Court House. To commence in 2020.

• Secure Land

• Liaise with DBGA on design brief

• Designing Phase

• Tender for Construction

• Construction and commissioning of new building

Ministry of Infrastructure & Transport (DBGA), Ministry of Economy

$10m Justice must be delivered on neutral grounds. Court cases in the Maritime Islands currently held in Community halls, DOs Office, Police Bure etc. Liaising with Lands Department to assist secure land on Government leased land on these islands.

Construction of new Nabouwalu Court House

12. Construction of Maritime Court Houses in Kadavu, Lakeba, Vanua Balavu, Koro and Rotuma Island

13. Decentralizing court sittings and services to rural and remote areas

Key rural and remote locations are identified by the end of July 2019

Funding based on statistics provided by Government, including by police posts and where the circuit courts operate is identified– ongoing

Court houses are constructed in key locations – ongoing

Judicial officers are appointed in key locations – ongoing

The number of court sittings per year is regularised – ongoing

expanding construction of courts in key locations

14. Installing ramps, car parking allocation, lifts and restrooms for persons with disabilities

Ramps are installed, car parking allocated, and lifts and restrooms provided at some courts for persons with disabilities- ongoing.

• Ministry of Works

• Allocate within current structure

• Construction Implementation Unit

$50 000 Obtain 3 quotations for construction and negotiate with Ministry of Works & Construction Implementation Unit –ongoing

15. Installing networks for all courts

Networks are installed at all courts as and when required

PCs; Internet connections; servers; software; licensing; training; IT personnel; TV screens; cameras; recorders

$1,846,000 Liaise with ITC for quotations and provision of suppliers of IT hardware and software

16. Establishing public information centres

Public Information Centres are established in all Divisions.

Information centres are equipped with up to date IT technology to assist with timely advice.

Dedicated and trained staff are appointed to manage the Public Information Centres.

Public information centres operate as ‘one stop shops’ providing information for the general public – from dates of commencement.

17. New Lautoka Court Complex.

• Appointing a lead Consultant to manage the project

• Designing Phase

• Tender for Construction

• Construction and Commissioning of new building

Construction Implementation Unit (MoE), Project Consultant

Will have commenced from central outwards to west then north, having begun in January 2018, so that all centres to be established by 2023.

Staff training will have commenced in 2018.

18. New Multi Functional Court at Tagimoucia Place, Lautoka

Lead Consultant preparing new scope of work to be issued to contractor

Construction Implementation Unit (MoE), Lead Consultant (Mausuria Designs), Lands Department

$45m Consultancy Services

Re-Tendered to manage the project from design phase to construction and commissioning of new building. The new Court complex will help ease the backlog of cases in the Western Division and provide the public with better facilities and a conducive working environment for the staff.

$2m Revised Scope of works to be issued by LC due to building infested with termites. Two new Multifunctional Court with other associated facilities is proposed to be accommodated in this new building. Work to commence in 2019.

19.

• Appointing a lead Consultant to manage the project

• Designing Phase

• Tender for Construction

• Construction and Commissioning of new building

• Appointing a lead Consultant to manage the project

• Designing Phase

• Tender for Construction

• Construction and Commissioning of new building

Construction Implementation Unit (MoE), Project Consultant

$2m

Extension of existing Court House to accommodate two new High Courts due to the demand for High Court matters in Nadi Court. Construction work expected to commence in 2020.

Ministry of Infrastructure & Transport (DBGA), Ministry of Economy (CIU)

$70m

Construction of new Suva Court Tower will ease the load at the current Court House at Government Buildings. An improved Court facility which will serve public better. Court Tower to be built on vacant land at the Veiuto Court site. The complex to accommodate all services provided by the Department under one roof including office for Cooperate Services. The Court Registries still on private buildings are to move away from these rented premises and relocate to Veiuto.

• Liaise with Director Buildings on drawings

• Tender for Construction

• Construction and Commissioning of new building

Ministry of Infrastructure & Transport (DBGA), Ministry of Economy

$2.5m The project is in line with the relocation of the Court of Appeal and Supreme Court from Government Buildings to Veiuto Court Complex. High Court will take over the space at Government Buildings. Project to be implemented in 2020.

Extension of the Existing Nadi Court House

20. Construction of New Suva Court Tower at Veiuto

21. New Court Rooms and Chambers for the High Court at Government Buildings

Strategies

22.

• Liaise with Director Buildings on drawings

• Tender for Construction

• Construction and Commissioning of new building

Ministry of Infrastructure & Transport (DBGA), Ministry of Economy

$1m This is one area at Government Building that is left to be renovated. Project to be implemented after relocation of Court of Appeal and Supreme Court to Veiuto.

23.

• Secure land

• Appointing a lead Consultant to manage the project

• Designing Phase

• Tender for Construction

• Construction and Commissioning of new building

• Secure Land

• Liaise with DBGA on design brief

• Designing Phase

• Tender for Construction

• Commissioning of new building

Ministry of Infrastructure & Transport (DBGA), Ministry of Economy (CIU)

$20m

Nausori Court is currently accommodated in rented premises. It is a flood prone area. A native land has been identified in Nausori. Lands Department to manage the leasing of land through ITLTB.

Ministry of Infrastructure & Transport (DBGA), Ministry of Economy

$5m

Existing Court is too small to cater for the operational needs of the Court. This Project in line with plans to relocate all Government Department to new site.

Site inspection already conducted by the Department with Min of Lands and DOs Office to confirm land area to be allocated to Judicial Department on a Government leased land.

Renovation of the High Court Civil Registry

Construction of Nausori Court House

24. Relocation of the Rakiraki Court House including a staff Quarters

• Secure Land

• Appointing a lead Consultant to manage the project

• Designing Phase

• Tender for Construction

• Commissioning of new building

• Secure Land

• Appointing a lead Consultant to manage the project

• Designing Phase

• Tender for Construction/Award

• Commissioning of new building

• Secure Land

• Liaise with DBGA

• Designing Phase

• Tender for Construction/Award

• Construction and Commissioning of new building

• Secure

• Liaise with DBGA

• Designing Phase

• Tender for Construction/Award

• Construction and Commissioning of new building

Ministry of Infrastructure & Transport (DBGA), Ministry of Economy

$5m

Site inspection already conducted by the Department with Min of Lands and DOs Office at the proposed new site to confirm land area to be allocated to Judicial Department on a Government leased land.

Ministry of Infrastructure & Transport (DBGA), Ministry of Economy

$2m Site inspection already conducted by the Department with Min of Lands and DOs Office for the proposed new land. Court cases in Keasi currently held in a Police Bure.

Ministry of Infrastructure & Transport (DBGA), Ministry of Economy

$5m Savusavu Court House is currently on rented premises. The current facility is too small to accommodate the operational needs of the Courts. This new Court to be relocated back to the old Court House site. The new Court will accommodate Magistrate Court and High Court facilities.

Ministry of Infrastructure & Transport (DBGA), Ministry of Economy

$1.5m

A new Court is required between Labasa and Nabouwalu due to the distance between the two Court Houses. The new Court House to serve the people of Dreketi and nearby villages and settlements.

25. Relocation of Tavua Court House including new Quarters for O/C

26. Construction of New Keasi Court House including a staff Quarters

27. Relocation of Savusavu Court House to the old Court House site

on design brief

28. Construction of new Court House in Dreketi, Macuata including a staff Quarters

Land

on design brief

• Secure Land

• Liaise with DBGA on design brief

• Designing Phase

• Tender for Construction

• Construction and commissioning of new building

• Secure Land

• Liaise with DBGA on design brief

• Designing Phase

• Tender for Construction

• Commissioning of new building

• Secure Land

• Liaise with DBGA on design

• Designing Phase

• Tender for Construction

• Commissioning of new building

• Secure Land

• Liaise with DBGA on design brief

• Designing Phase

• Tender for Construction

• Commissioning of new

Ministry of Infrastructure & Transport (DBGA), Ministry of Economy

$2m Justice must be delivered on neutral grounds. Court cases in Kadavu currently held in Community halls, Dos Office, Police Bure etc.

Ministry of Infrastructure & Transport (DBGA), Ministry of Economy

$1.5m Justice must be delivered on neutral grounds. Court cases in Lakeba currently held in Community halls, Dos Office, Police Bure etc.

Ministry of Infrastructure & Transport (DBGA), Ministry of Economy

$1m Justice must be delivered on neutral grounds. Court cases in Vanua Balavu currently held in Community halls, Dos Office, Police Bure etc.

Ministry of Infrastructure & Transport (DBGA), Ministry of Economy

$1.5m Justice must be delivered on neutral grounds. Court cases in Koro Island currently held in Community halls, Dos Office, Police Bure etc.

29. Construction of a new Court House in Kadavu

30. Construction of a new Court House in Lakeba, Lau

31. Construction of a new Court House in Vanua Balavu, Lau

brief

32. Construction of a new Court House in Koro, Lomaiviti

building