The High Court in Suva has declined an application from a mataqali and its members to assign an iTaukei judge to hear their case.
Savenaca Duituraga of Naitasiri (turaga ni yavusa/turaga ni mataqali), Sakeo Duituraga of Naitasiri (turaga ni koro/lewe ni mataqali) and Eremasi Basituka of Naitasiri (lewe ni mataqali) have a land claim case against the Attorney-General And Minister For Justice, Native Lands Commission and the ITaukei Land Trust Board.
They had filed an application for an iTaukei judge to be assigned to hear and determine this case stating that he or she would be more suited and in a better position to understand the circumstances of the their case involving ownership of iTaukei lands.
“Making an application and requesting a change of judge in a court case is a serious matter and must be approached with a clear understanding of the legal system and seeking an order to appoint and/or allocate an iTaukei judge on the specific ground that warrant such a request,” said Justice Vishwa Datt Sharma in his April 25 ruling.
“There are no issues and rational of biasness, conflict of interest and/or incompetency raised by the plaintiff in his application seeking for the orders therein.
“Judges appointed and or allocated with any cases by their qualification, experience, expertise and training are capable of understanding and comprehending the facts related to a case and upon hearing the evidence and application of the relevant applicable law.”
