Justice Mike Chibita of the Ugandan Supreme Court emphasized the crucial role of due process in upholding the rule of law during a recent address at the Fiji Law Society Convention in Nadi. He stated that understanding the practical applications of the law at the most basic societal levels is vital for ensuring justice and order.
Justice Chibita illustrated this by discussing a case where a couple seeking a divorce must adhere to legal protocols, which involve court hearings to confirm the separation under specific conditions. He reflected on his experience as a High Court judge, where he highlighted that regardless of the severity of the case, including capital punishment, strict adherence to due process is essential. This commitment to legal procedures reinforces the core concept of rule of law, ensuring that court decisions are respected and enforced, including provisions for appeals.
His remarks came during a session focused on identity and sovereignty in a changing regional context, where he underscored the imperative of the rule of law for economic stability and governance in any jurisdiction. The discussions extended to themes of constitutional design, indigenous rights, and democratic governance among multi-ethnic societies, especially in light of recent political changes and social dynamics.
In a similar vein, Fiji Law Society President Wylie Clarke has remarked on the ongoing struggle to uphold the rule of law in Fiji, criticizing the disconnect between legal frameworks and their implementation by authorities. Public trust in the legal system appears to be waning due to instances where ethics and legal standards are not consistently applied.
This dialogue aligns with broader discussions led by Chief Justice Salesi Temo, who has emphasized the need for the judiciary to maintain independence while also being open to scrutiny to enhance public confidence in the legal system. Advocating for a transparent judiciary, he remarked that justice cannot exist in isolation and must engage constructively with stakeholders.
These discussions collectively highlight the necessity for a judicial and governmental framework that not only respects but actively promotes accountability and transparency. There’s a shared hope that continued engagement and reform efforts in the legal sphere can restore public trust and create a more equitable governance system in Fiji and beyond.