Political interference in the justice system remains a sensitive and controversial topic in many countries, including Fiji.
This, according to Chief Justice Salesi Temo, drawing from his extensive experience on the bench and his unique perspective as a member of Fiji’s judiciary.
Temo, who has spent over 50 years in the legal field, shares his views on the evolution of Fiji’s constitutional and judicial systems, particularly considering political events like coups and constitutional amendments.
Reflecting on his tenure, he remarks that while political interference is a delicate subject, it has, over the years, shaped the dynamics of Fiji’s legal landscape in profound ways.
“My understanding is that when I was a magistrate, I spent 15 years as a resident magistrate, there is one thing that I respect the government of the day for, is that they never interfere with your actual decision-making. And that is part of Fiji. The only way they interfere with your judicial duties, if you may call it interference, is via the passage of legislation. That is when politics plays its part in the parliament when they debate what kind of law to apply to the judicial system.”
Temo stresses that the judiciary’s role is not to question the political process that brings laws into existence but to apply and interpret them once they have been passed.
He says as judges, it is not their place to involve themselves in the political debate.
Temo says their role is to interpret and apply the law as it stands, highlighting the impartiality expected of the judiciary.
While political forces in Fiji have often tested the independence of the judiciary, Temo’s remarks reaffirm that the role of the courts is to apply the law impartially, regardless of the political climate.