Daniel Fatiaki

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Daniel Fatiaki

Daniel V. Fatiaki CF is the Chief Justice of Fiji. He succeeded Sir Timoci Tuivaga in this position on 1 August 2002. As Chief Justice, he presides over both the High Court and the Supreme Court, but is constitutionally barred from presiding over, or even sitting on, the Appeal Court.

Fatiaki was previously Chairman of the Fiji Law Reform Commission in 1994 and 1995.

[edit] Controversial appointment

Fatiaki's appointment was not without controversy. Then Opposition leader Prem Singh objected on the grounds that in the midst of the Fiji coup of 2000, Fatiaki had joined Tuivaga and Justice Michael Scott in advising the then President, Ratu Sir Kamisese Mara, to abrogate the constitution, in accordance with the wishes of the Military. Mara refused, and resigned. The three Justices subsequently recognized the Interim Military Government of Commodore Frank Bainimarama, and drafted decrees abrogating the constitution, abolishing the Supreme Court, making the Chief Justice the President of the Appeal Court, and raising the retirement age of the Chief Justice from 70 years to 75. (These changes were later reversed after a High Court decision reinstating the constitution on 15 November 2000 was upheld by the Appeal Court on 1 March 2001. Rev. Akuila Yabaki of the Citizens Constitutional Forum, a human rights group, said that Fatiaki's participation in such anticonstitutional actions should disqualify him from holding the office of Chief Justice, and suggested that as the judiciary had been thoroughly compromised politically, it would be best for the time being to appoint a Chief Justice from outside of Fiji (the constitution allows members of the judiciary, unlike other government officials, to be non-citizens, and it is not unusual for retired judges from other Commonwealth countries to be appointed to the bench). Prime Minister Laisenia Qarase disagreed, however, and President Ratu Josefa Iloilo (who had taken office on 13 July 2000) appointed Fatiaki on his advice, saying he was confident that Fatiaki would maintain the same standards of integrity that Tuivaga had upheld.

[edit] Opinions

In an address to the convention of the Fiji Law Society at Warwick Hotel on the Coral Coast on 2 July 2005, Fatiaki called on the legal profession to uphold standards of integrity. It was important, he said, for the legal profession to be "independent of any centres of power, whether public or private, and of any cause." He maintained that the most valuable asset of any profession was its collective reputation.

[edit] Personal life

Daniel Fatiaki is a Roman Catholic and a native of Rotuma, a Fijian Dependency which enjoys a measure of autonomy but is otherwise integrated into Fiji politically and economically despite its cultural divergence (Rotumans are Polynesian, unlike ethnic Fijians, who are predominantly of Melanesian stock). He is the first Rotuman to be appointed to the bench in Fiji, and his appointment as Chief Justice resulted in great public rejoicing on the island. He is married to Martha and has 4 sons. He was made a Companion of the Order of Fiji, together with Vijay Singh, in 2004.