Justice Mike Chibita of the Ugandan Supreme Court recently highlighted the significance of due process in upholding the rule of law during his remarks at the Fiji Law Society Convention held in Nadi. He emphasized that for justice and order to prevail, it is vital to grasp the practical applications of the law at fundamental societal levels.
To illustrate this point, Justice Chibita recounted a case involving a couple seeking a divorce, underscoring the requirement for them to follow legal protocols, which include court hearings to validate their separation under defined conditions. Drawing from his experience as a High Court judge, he stressed that strict adherence to due process is critical, regardless of the severity of the case at hand, even in instances involving capital punishment. This dedication to legal protocols underpins the principle of the rule of law, ensuring that court decisions are respected, enforced, and that provisions for appeals are upheld.
His comments were part of a broader discussion that focused on identity and sovereignty within a shifting regional landscape. He asserted that the rule of law is paramount for fostering economic stability and effective governance in any jurisdiction. This session also touched upon vital issues such as constitutional design, indigenous rights, and democratic governance in multi-ethnic societies, especially against the backdrop of recent political evolutions and social trends.
Fiji Law Society President Wylie Clarke echoed these sentiments, emphasizing the ongoing challenge of maintaining the rule of law in Fiji. He critiqued the gap between established legal frameworks and their enforcement by authorities, noting a decline in public trust due to inconsistent application of ethics and legal standards.
Complementing these discussions, Chief Justice Salesi Temo has also called for judicial independence while advocating for a judiciary open to scrutiny to bolster public confidence. He remarked that justice cannot thrive in isolation and must engage constructively with all stakeholders.
Together, these dialogues underscore the urgent need for a judicial and governmental framework that not only respects the rule of law but actively fosters accountability and transparency. There remains a collective hope that ongoing reforms and constructive engagement within the legal community can restore public trust and contribute to a more fair and equitable governance system in Fiji and beyond.