‘Review court system’

GOVERNMENT should convene a working group to examine ways to improve the efficiency of the court system. The Fiscal Review Committee said in its report the review team should include judicial and public officials, legal practitioners and private sector representatives.
“There is always sensitivity about commenting on or critically appraising the court system. Courts guard their constitutional independence and resist executive interference in their operations (as is appropriate under constitutional rules),” stated the committee. However, courts, like all branches of government, are still accountable for the public resources they use and are required to be efficient.
“New court leadership appears to be sensitive to the need for greater efficiency, so the Government should take the opportunity to look critically at what is needed to effect fundamental change.”
The committee said court processes depended on 50-year-old rules that have had little substantive modernisation since they were fi rst issued.
“It can take months or years to take a simple case through the court system. Fiji courts generally take many months to issue even simple pretrial rulings; it is not unusual to wait for years for court rulings to be issued.”
The committee said the Fiji Court of Appeal backlog was now measured in years.
“Modern case management practices are largely absent and alternative dispute resolution (ADR) options such as mediation or arbitration, which could divert disputes from the court system and relieve some pressure on it, are rarely taken up.
“Effective law is the foundation for all investments and businesses. Without efficient and effective enforcement of their economic rights, confidence can be severely impacted.”