Termination Certificates issued for certain cases

The Office of the Chief Registrar has started to issue Termination Certificates for cases, to inform the lawyers that these cases which were pending in the High Court will not be allowed to proceed any further.

Acting Chief Registrar Major Ana Rokomokoti told Fijivillage that under the Administration of Justice Decree 2009, she is obliged to issue the Termination Certificates for cases which contravene Section 23(3) of the decree.

Section 23(3) states that any proceeding of any form whatsoever, commenced, but not yet determined in the Courts which purports to challenge the validity or legality of any Promulgations, Decrees, and Declarations made between December 5th 2006 to April 9th, 2009 on any ground whatsoever, should wholly terminate immediately.

This also includes any case which challenges any decision by the President, or the executive or the government or employees of government to terminate any employment whether in a public office or not, Immigration Minister and Permanent Secretary, Director Immigration and decisions made by employees of the Immigration department to remove a person from Fiji between December 5th 2006 to April 9th, 2009.

Those cases which will also not be permitted to proceed includes any case which challenges the decision of the Judicial Services Commission between January 7th, 2007 to April 9th 2009 including any challenge as to the composition of the Judicial Services Commission.

The cases which challenge any decision of the Executive of the Government or its employees made between December 5th,2006 to April 9th 2009 on the grounds of being inconsistent with or contrary to the Constitution Amendment Act 1997 have also been issued Termination Certificates.

Rokomokoti said they do not have the exact numbers but several Termination Certificates have already been issued.