Introduction

When Fiji seceded itself from Britain in 1970, it had undergone drastic changes during

the 96 years of being under colonial rule. Although the British can be blamed for many

political and social dilemmas that followed the transition of power-post independence,

they should also be remembered for the many positive changes that helped transform Fiji

from an undeveloped country to becoming the ‘hub’ of the South Pacific. One of their

most important legacies was the legal system that Fiji has adopted during the colonial era.

One element of their legal system still prevalent in today’s setting is the court system.

This essay is going to explain more on the establishment of the different level of courts in

the country, mention the changes that they had undergone over the years, expound more

on their composition and also discuss the jurisdictions that each court exercises.

Chronological Order of Establishment

In 1875, one year after the Deed of Cession, the establishment of the first court of Fiji

eventuated. It was called the Supreme Court and it exercised unlimited jurisdiction over

civil and criminal cases in the country. It was created by the Supreme Court Ordinance

18731, which was enacted by the colonial government.

From 1875 onwards, all appeals from the Supreme Court went directly to the Judicial

Committee of the Privy Council in London.2 However in 1949, the government passed

the Court of Appeals Ordinance Act of Fiji3 that was given the right to hear appeals from
1
Supreme Court Ordinance 1873 [Cap 13] (Fiji) http://www.paclii.org/fj/legis/consol_act/sca183.pdf
(accessed: 08/04/10)
2
Tom’tavala, LA111 Course Book, (2008)
3
Court of Appeals Ordinance Act 1949 [Cap 12] (Fiji) http://www.paclii.org//cgi-
bin/disp.pl/fj/legis/consol_act/coaa157/coaa157.html?query=Court%20of%20Appeals%20Act
the Supreme Court. From the period of 1949 to 1987, appeals from the Court of Appeal

had to be taken up to the Judicial Committee of the Privy Council in London, since Fiji

had no Superior Court above the Court of Appeal4

The first Subordinate Court of Fiji was established in 1876 with the creation of the

Natives Court, which was later renamed as the Fijian Courts. Its purpose was to deal with

criminal or civil cases involving Fijians living outside urban areas.5 In 1945, the

government implemented the Fijian Affairs Act. Section 19 of this legislation created the

District Courts while Section 16 saw the establishment of Provincial Courts, which deals

with appeals from the District Courts.

The second Subordinate Court that was established in the country was the Magistrates

Court. Under the Magistrate Courts Act of 19456, it was empowered to deal with minor

civil cases and criminal matters in urban areas.

Independence

After gaining independence from Britain in 1970, Fiji came up with its first constitution.

Chapter 7 [Parts 1,2 and 3] of the Constitution recognized the Supreme Court as the

highest Appellate Court in the land followed by the Court of Appeal which hears appeals

%201949%20 Fiji (accessed: 08/04/10)

4
Tom’tavala, LA111 Course Book, (2008)
5
ibid
6
Magistrates Court Act [Cap 14] (Fiji) http://www.paclii.org//cgi-
bin/disp.pl/fj/legis/consol_act/mca232/mca232.html?query=magistrate%20courts%20act%201945
(accessed: 08/04/10)
from the High Court7. The Magistrates Court is the lowest subordinate court in the

hierarchy.

In, 1987, after Rabuka instigated the overthrow of the elected government, the 1970

Constitution was abrogated and Fiji was expelled from the British Commonwealth due to

it breaking of the Singapore Declaration8. This resulted in the ceasing of all Appeals to

the Privy Council in London. The following year, the ‘Supreme Court’ of Fiji was

renamed the High Court while the Privy Council was replaced with the Supreme Court of

Fiji which has become the highest Appellate Court in the land. The Magistrate Court

remained as the Subordinate Court, which has now taken over the functions of the former

Fijian Courts.

The basic structures of the newly developed courts remained unchanged by the 1990 and

1997 Constitutions.

Apart from the main courts, other special courts were created around the country. These

Special Courts often deal with cases that were often sensitive and controversial in nature.

The first of these courts was the Juvenile Act, which consists of “a magistrate court

sitting for the purpose of hearing any charge against a juvenile or exercising any other

jurisdiction conferred on Juvenile Court by an Act”9 The juvenile court was set up in

1989.

7
Fiji’s Independence Order 1970 [Cap 1] (Fiji) http://www.paclii.org/fj/legis/consol_act/fio1970171.pdf
(accessed: 09/04/10)
8
http://en.wikipedia.org/wiki/Commonwealth_of_Nations (accessed 08/04/10)
9
Fiji Juveniles Act1998 [Cap 56] http://www.paclii.org//cgi-
bin/disp.pl/fj/legis/consol_act/ja129/ja129.html?query=juvenile (accessed
The other Special Court that Fiji developed was the Family Court, which was set up “for

both the High Courts and the Magistrate Courts…to deal exclusively with matrimonial

cases or family-related disputes”10This court was established by the Family Law Act,

2003.

Other bodies that exercised similar powers as courts were the Native Lands Commission

and the Small Claims Tribunal. The former was established in 1905 under the Native

Lands Act,11 and deals with legal issues pertaining to native lands while the latter,

established under the Small Claims Tribunal Decree 199112 dealt with civil claims not

exceeding $2000 in value.

Composition of different courts

Supreme Court

In the 1970 Constitution, the Supreme Court (still a subordinate court) consisted of the

Chief Justice and other Judges prescribed by Parliament. The Appeals Court (established

in 1959) consisted of judges from Britain.

10
: 08/04/10)
Family Law Act 2003 (Fiji) http://www.paclii.org//cgi-
bin/disp.pl/fj/legis/num_act/fla2003114/fla2003114.html?query=family%20law%20act%202003 (accessed:
08/04/10)
11
Native Lands Act 1905 [Cap 134] (Fiji) http://www.paclii.org//cgi-
bin/disp.pl/fj/legis/consol_act/nlta206/nlta206.html?query=NAtive%20Lands%20Act%201905 (accessed:
09/04/10)
12
Small Claims Tribunal Decree 1991 (Fiji) http://www.paclii.org//cgi-
bin/disp.pl/fj/promu/promu_dec/sctd1991226/sctd1991226.html?query=Small%20Claims%20Tribunal
%20Decree (accessed: 08/04/10)
 When the second Constitution was established in 1990 and the Supreme Court was

established as the highest appellate court in the land (replacing the Privy Council in

London), the role of the Chief Justice as the principal judge remained unchanged.

However, he was now also the President of the Supreme Court. Other judges were also

appointed to the court and now for the first time, the Justices of Appeal were also

included in the Court13. The 1997 Constitution also supported the structure implemented

by the 1990 Constitution.

Appeals Court

The Appeals Court was established in Fiji in 194914. When the first Constitution came

into effect in 1970, its members included the Chief Justice (also the President of the

Court of Appeal), other Justices appointed to the bench and the Puisne Judges of the

Supreme Court (when it was a Subordinate Court). In the 1990 Constitution, its

composition also comprised of the Chief Justice, ten other judges appointed to the bench

and for the first time, Puisne Judges of the newly established High Court. The same

structure was followed by the 1997 Constitution.

High Court

In the 1970 Constitution, there was no High Court and instead, it was the Supreme was

acting as the High Court. In the1990 Constitution, a high court was finally established. Its

members were the Chief Justice, and Puisne Judges totaling of no less than ten15. This

composition was also repeated in the 1997 Constitution.

13
Court of Appeals Ordinance Act 1949 [Cap 12] (Fiji) http://www.paclii.org//cgi-
bin/disp.pl/fj/legis/consol_act/coaa157/coaa157.html?query=Court%20of%20Appeals%20Ordinance
%20Act%201949 (accessed: 08/04/10)
14
ibid.
15
http://www.paclii.org/fj/courts.html (retrieved: 09/04/10)
Magistrate Court

Ever since its establishment in 1945, the Magistrate Courts consisted of individuals who

were qualified lawyers and had sound experience in the country’s legal system. The

Magistrates are appointed by the Chief Justice.

Jurisdiction of each court

The jurisdiction of each court is different from each other. The following diagram
summarizes the different courts and their jurisdictions in Fiji.

Supreme Court

The Supreme Court is the final appellate court in criminal as well as civil cases. It also

has the right to hear appeals from cases that involve $20000 or more. The President may

on the advice of the Cabinet, refer questions as to the effect of the Constitution to the

Supreme Court for an opinion.16

16
ibid
Court of Appeal

The Court of Appeal has the right to hear and determine appeals from the High

Court. Also, it hears Appeals from final judgments of civil claims in the high

court. The Appeals Court also reserve the right to accept or deny appeals to it

from the High Court17

High Court

The High Court of Fiji has unlimited jurisdiction to hear and decide on civil

proceedings. It also has the right to repeal decisions of the Magistrate if it deems

it unfit in relation to the law. Criminal appeals may be made in relation to matters

of fact, as well as law.

Magistrate Court

Magistrates are divided into three classes: resident magistrate, second-

class magistrate and third class magistrate. Territorial division of

magistrates’ courts is limited to the division in which they are situated18.

Magistrates have civil jurisdiction to hear:

1) Claims in contract or tort where the amount involved does not exceed

F$15,000,

17
ibid
18
ibid
 2) Proceedings between landlord and tenant where the annual rental does

not exceed F$2,000,

3) All suits involving trespass or recovery of land (other than landlord and

tenant disputes),

4) Application for appointment of guardians or custody.

The Jurisdictions of the Courts of Fiji are recognized in all the Constitutions that

followed its final structure in 1988.

Conclusion

To conclude, we can say that Fiji’s court system and structure is very important. It

has played many important roles in the country’s political and social history.

Many national crises had been avoided in the past due to courts decisions and

their stand on the rule of law has protected all of Fiji’s people. Therefore, it is

important to carefully study and understand the operation of the court system of

the country because of its contributions in our daily lives as citizens of Fiji.

Bibliography

Supreme Court Ordinance 1873 [Cap 13] (Fiji)

2
Tom’tavala, Y. 2008 ‘LA111 Course Book: Courts and Dispute Resolution’, the
University of the South Pacific, Suva. P.4.15
3
Court of Appeals Ordinance Act 1949 [Cap 12] (Fiji)
4
Tom’tavala, Y. 2008 ‘LA111 Course Book: Courts and Dispute Resolution’, the
University of the South Pacific, Suva. P.4.16
5
ibid
6
Magistrates Court Act [Cap 14] (Fiji)
7
Fiji’s Independence Order 1970 [Cap 1] (Fiji)
8
http://en.wikipedia.org/wiki/Commonwealth_of_Nations (accessed 08/04/10)
9
Fiji Juveniles Act1998 [Cap 56]

10
Family Law Act 2003 (Fiji)
11
Native Lands Act 1905 [Cap 134] (Fiji)
12
Small Claims Tribunal Decree 1991 (Fiji)
13
Court of Appeals Ordinance Act 1949 [Cap 12] (Fiji)
14
ibid.
15
Fiji Courts Information (2001)http://www.paclii.org/fj/courts.html
16
ibid.
17
ibid.
18
ibid.