The Acting Chief Justice Anthony Gates raised the question while opening the 10th Attorney General's Conference in Sigatoka today on whether Fiji should continue to succumb to requests by overseas groups to assess whether our judiciary is independent.
Justice Gates said unlike court proceedings where everything is based on evidence and facts, these visiting groups mainly follow a procedure of undisclosed material, rumor, gossip and perceptions.
He said one wants to be open-minded and frank, but he questions how many more inquiries should be submitted before the groups become oppressive and could be described as patronizing.
He highlighted a case in South Africa where it was ruled that there was political interference into the judiciary, when corruption charges against ANC Leader Jacob Zuma were withdrawn and later re-activated when he became a threat to the ANC.
Justice Gates then raised the question on whether people have heard of teams of eminent persons racing off to Pretoria to scrutinize the independence of the judiciary in South Africa.
Acting Chief Justice Gates also stressed that the judiciary remains independent and Foreign Affairs departments of our neighbouring countries should have realized that neutral support should continue for institutions which can assist in maintaining progress, fairness and stability.
Justice Gates said in spite of many efforts to bring the judiciary to its knees, and in spite of the opposition to replenishment of its ranks, the judiciary has survived. He said judgments do not always please competing litigants but that is nothing new.
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