The Fiji Law Society (FLS) wants a major review of Fiji’s judiciary. President Wylie Clarke said this in the society’s submission to the Fiscal Review Committee.
He said an efficient and well-resourced court system and judiciary was essential to upholding the rule of law and public confidence in the justice system.
“Significant delays in the hearing of cases and delivery of judgments are a systemic problem and a severe impediment to the rule of law and that confidence,” said Mr Clarke.
“The society recommends that government carry out a major review of Fiji’s judiciary and invest more resources in our judges and court system to modernise and make it effective and efficient.”
He also said alternative dispute resolution programs must be “mainstreamed”. “We recommend that mechanisms for alternative dispute resolution, mediation, and arbitration, be integrated into the judicial process so that parties must go through an ADR (alternative dispute resolution) process before a matter can proceed in court.
“Steps must also be taken to raise public awareness about ADR’s value in resolving disputes.
“ADR is an essential and cost-effective way of improving access to justice. It will also serve to reduce the workload of our courts.”
Mr Clarke said restorative justice should also be explored as an alternative approach in Fiji’s criminal justice system.
“This process has been shown overseas to reduce the impact of crime and reduce reoffending. “The society is ready to work with government to assist in such a review and the implementation of the initiatives we recommend.”
