Chief Justice Salei Temo has recommended an amendment to the Fiji Constitution to allow judges who remain capable of performing their duties to continue serving beyond the age of 75. The proposal was submitted to a seven-member Constitution Review Committee as part of an effort to address perceived inequalities in judicial appointments.
- Chief Justice Temo argues that mandatory retirement at 75 discriminates against local judges.
- Foreign judges often receive contract extensions beyond the age limit, creating a disparity in tenure.
- The proposed amendment would allow for the reappointment of judges based on their ability to perform their functions.
Constitutional Retirement Provisions
Under Section 110 (1) of the Constitution, non-citizens appointed as judges serve terms not exceeding three years, as determined by the Judicial Service Commission, and may be eligible for reappointment.
In contrast, subsection (2) mandates that other judicial appointments continue until the judge reaches a specific retirement age. For the Chief Justice, President of the Court of Appeal, and judges of the Supreme Court and Court of Appeal, that age is 75; for High Court judges, it is 70.
Additionally, Section 110 (3) allows a retired High Court judge who has not yet reached 75 to be eligible for appointment to the Supreme Court or as a Justice of Appeal.
Addressing Judicial Discrimination
Chief Justice Temo stated that these provisions have disadvantaged local judges since 2013. He noted that while Superior Courts were previously dominated by Sri Lankan judges, he has since transitioned the staffing to include retired judges from New Zealand, Australia, and the UK.
The Chief Justice pointed out a disparity in how these rules are applied, noting that contracts are often extended for foreign judges over the age of 75.
“When it comes to a citizen of Fiji, we have to tell them at 75 you have to go by virtue of Section 110 (2),” Temo said. He argued that this practice constitutes discrimination based on age, which is forbidden under Section 26 of the Constitution.
Proposed Fiji Constitution Review
Justice Temo argued that academic degrees and brilliance do not always equate to the wisdom required to benefit society, and that many judges remain in good health and capable of working after 75.
He suggested an amendment stating that, notwithstanding subsection (2) of Section 110, a person who has attained retirement age may be eligible for reappointment if their ability to perform the functions of the office remains intact.
Alongside the recommendation to remove barriers for senior local judges, Justice Temo urged young local High Court judges to prove their capabilities.
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