Sir Timoci Uluiburotu Tuivaga (21 October 1931 – 30 December 2015) was a
Fiji
Fiji ( , ,; fj, Viti, ; Fiji Hindi: फ़िजी, ''Fijī''), officially the Republic of Fiji, is an island country in Melanesia, part of Oceania in the South Pacific Ocean. It lies about north-northeast of New Zealand. Fiji consists ...
an
judge
A judge is a person who presides over court proceedings, either alone or as a part of a panel of judges. A judge hears all the witnesses and any other evidence presented by the barristers or solicitors of the case, assesses the credibility an ...
, who was
Chief Justice from 31 March 1980 to 31 July 2002, when he retired.
[Reminiscences by Tuivaga of his time as Chief Justice]
Legal Lali, 5:2,2 December 2002
. Retrieved 19 November 2013. He was Fiji's first native-born Chief Justice.
Education and career
Tuivaga was educated at the
University of Auckland
, mottoeng = By natural ability and hard work
, established = 1883; years ago
, endowment = NZD $293 million (31 December 2021)
, budget = NZD $1.281 billion (31 December 2021)
, chancellor = Cecilia Tarrant
, vice_chancellor = Dawn F ...
in
New Zealand
New Zealand ( mi, Aotearoa ) is an island country in the southwestern Pacific Ocean. It consists of two main landmasses—the North Island () and the South Island ()—and over 700 smaller islands. It is the sixth-largest island count ...
where he graduated with a
Bachelor of Arts
Bachelor of arts (BA or AB; from the Latin ', ', or ') is a bachelor's degree awarded for an undergraduate program in the arts, or, in some cases, other disciplines. A Bachelor of Arts degree course is generally completed in three or four years ...
on a
Lau
Lau or LAU may refer to:
People
* Lau (surname)
* Liu (劉/刘), a common Chinese family name transliterated Lau in Cantonese and Hokkien
* Lau clan, one of the Saraswat Brahmin clans of Punjab
* LAU (musician): Laura Fares
Places
* Lebane ...
Provincial Council Scholarship. He was further educated in
Middle Temple
The Honourable Society of the Middle Temple, commonly known simply as Middle Temple, is one of the four Inns of Court exclusively entitled to call their members to the English Bar as barristers, the others being the Inner Temple, Gray's Inn an ...
in
London
London is the capital and largest city of England and the United Kingdom, with a population of just under 9 million. It stands on the River Thames in south-east England at the head of a estuary down to the North Sea, and has been a majo ...
, where he read
Law
Law is a set of rules that are created and are enforceable by social or governmental institutions to regulate behavior,Robertson, ''Crimes against humanity'', 90. with its precise definition a matter of longstanding debate. It has been vario ...
. He was admitted to the bar in 1964 and served as a
Native Magistrate from 1958 to 1961. He was appointed as Crown Counsel in 1965, becoming their principal legal officer in 1968. He held this office till 1970. In 1972, he was appointed to the bench as a
Puisne judge
A puisne judge or puisne justice (; from french: puisné or ; , 'since, later' + , 'born', i.e. 'junior') is a dated term for an ordinary judge or a judge of lesser rank of a particular court. Use
The term is used almost exclusively in common law ...
. When the Chief Justice, Sir Clifford Grant, resigned in 1980 under pressure from Fiji's first
Prime Minister
A prime minister, premier or chief of cabinet is the head of the cabinet and the leader of the ministers in the executive branch of government, often in a parliamentary or semi-presidential system. Under those systems, a prime minister is not ...
, Ratu Sir
Kamisese Mara
Ratu Sir Kamisese Mara, (6 May 1920 – 18 April 2004) was a Fijian politician, who served as Chief Minister from 1967 to 1970, when Fiji gained its independence from the United Kingdom, and, apart from one brief interruption in 1987, the fi ...
, Tuivaga was appointed Chief Justice by the
Governor-General of Fiji
The governor-general of Fiji was the representative of the Fijian monarch in the Dominion of Fiji from the country's independence in 1970 until the monarchy's deposition in 1987.
History
Fiji became a sovereign state and an independent monarc ...
,
Ratu
''Ratu'' () is an Austronesian title used by male Fijians of chiefly rank. An equivalent title, ''adi'' (pronounced ), is used by females of chiefly rank. In the Malay language, the title ''ratu'' is also the traditional honorific title to re ...
Sir
George Cakobau
Ratu Sir George Kadavulevu Cakobau (6 November 1912 – 25 November 1989) was Governor-General of Fiji from 1973 to 1983. A great-grandson of Ratu Seru Epenisa Cakobau, the King of Bau who had unified all the tribes of Fiji under his reign ...
.
[Biography o]
Sir Clifford Grant
at Sir Clifford Grant Chambers. Retrieved 19 November 2013
Knighthood
Tuivaga was awarded a knighthood in the 1980 Queen's Birthday Honours List for his achievement as the first native Chief Justice of Fiji. He travelled to London to receive the knighthood at Buckingham Palace.
Coup controversies
Tuivaga upheld the independence of the judiciary in the wake of the two military coups that rocked Fiji in 1987. His actions in a later coup in 2000, however, generated much controversy. Together with two other judges, Michael Scott and Daniel Fatiaki
Taniela (Daniel) Vafo'ou Fatiaki CF (born 1954 in Upu, Motusa District, Rotuma) was the Chief Justice of Fiji from 1 August 2002, when he succeeded Sir Timoci Tuivaga, till 5 December 2008. As Chief Justice, he presided over both the High Co ...
(who later succeeded him as Chief Justice), Tuivaga advised the then-President
President most commonly refers to:
*President (corporate title)
*President (education), a leader of a college or university
*President (government title)
President may also refer to:
Automobiles
* Nissan President, a 1966–2010 Japanese ful ...
, Ratu Sir Kamisese Mara, to abrogate the Constitution
A constitution is the aggregate of fundamental principles or established precedents that constitute the legal basis of a polity, organisation or other type of Legal entity, entity and commonly determine how that entity is to be governed.
When ...
, as requested by the Military
A military, also known collectively as armed forces, is a heavily armed, highly organized force primarily intended for warfare. It is typically authorized and maintained by a sovereign state, with its members identifiable by their distinct ...
. Mara refused and resigned on 29 May. An Interim Military Government, headed by Commodore
Commodore may refer to:
Ranks
* Commodore (rank), a naval rank
** Commodore (Royal Navy), in the United Kingdom
** Commodore (United States)
** Commodore (Canada)
** Commodore (Finland)
** Commodore (Germany) or ''Kommodore''
* Air commodore ...
Frank Bainimarama
Josaia Voreqe "Frank" Bainimarama (Fijian: ʃoˈsɛia βoˈreŋɡe mbɛiniˈmarama born 27 April 1954) is a Fijian politician and former naval officer who served as the prime minister of Fiji from 2007 until 2022. A member of the FijiFirst ...
took power, abrogated the Constitution, and promulgated the Administration of Justice Decree, which Tuivaga had drafted. This decree abolished the Supreme Court, made the Chief Justice the President of the Appeal Court
A court of appeals, also called a court of appeal, appellate court, appeal court, court of second instance or second instance court, is any court of law that is empowered to hear an appeal of a trial court or other lower tribunal. In much of t ...
(of which, according to the constitution, he had previously been barred from membership). Another decree extended the retirement age of the Chief Justice from 70 years to 75. Fiji Law Society
The Fiji Law Society is the official body that registers and regulates the activity of all lawyers in Fiji. Historically, the President of the Fiji Law Society was a member ''ex officio'' of the Judicial Service Commission.
The Fiji Law Society ...
President Peter Knight condemned Tuivaga's actions, saying, "The eyes of the profession, the nation and the world are upon the judiciary. It cannot be seen to openly condone criminal activity. It should as a matter of record that it will continue to occupy and function in its judicial role in the same uncompromising manner as it had done prior to 19 May." (These changes to the judiciary were subsequently reversed by a High Court decision to reinstate the Constitution on 15 November 2000. This decision was upheld by the Appeal Court on 1 March 2001).
Tuivaga was subsequently sued by members of the deposed government of Prime Minister
A prime minister, premier or chief of cabinet is the head of the cabinet and the leader of the ministers in the executive branch of government, often in a parliamentary or semi-presidential system. Under those systems, a prime minister is not ...
Mahendra Chaudhry
Mahendra Pal Chaudhry ( hif, महेन्द्र पाल चौधरी; born 9 February 1942) is a Fijian politician and the leader of the Fiji Labour Party. Following a historic election in which he defeated the long-time former lead ...
for his role in abrogating the constitution, which all judges were bound by oath
Traditionally an oath (from Anglo-Saxon ', also called plight) is either a statement of fact or a promise taken by a sacrality as a sign of verity. A common legal substitute for those who conscientiously object to making sacred oaths is to ...
to uphold.
In an interview with the '' Daily Post'' on 15 June 2000, Tuivaga defended his role, saying it was not an endorsement but a practical acknowledgement of "reality". "While a de facto government is in place it is impossible for me as Chief Justice not to acknowledge its actual existence as a matter of political reality," he said. The Interim Military Government, which he called "the only viable alternative government", needed to be recognized, he said, given the "situation triggered by the state of insurrection in the country which so far has proved insidiously intractable".
These changes to the judiciary authorised by the decrees that Tuivaga had drafted were subsequently reversed by a High Court decision to reinstate the Constitution on 15 November 2000. This decision was upheld by the Appeal Court on 1 March 2001. That year, he turned 70, the retirement age mandated by the restored Constitution. On 1 August 2002, Daniel Fatiaki
Taniela (Daniel) Vafo'ou Fatiaki CF (born 1954 in Upu, Motusa District, Rotuma) was the Chief Justice of Fiji from 1 August 2002, when he succeeded Sir Timoci Tuivaga, till 5 December 2008. As Chief Justice, he presided over both the High Co ...
succeeded him as Chief Justice.
Failed ICC candidacy
Following his retirement as Chief Justice, the Fijian government nominated Tuivaga as Fiji's candidate for a position on the new International Criminal Court
The International Criminal Court (ICC or ICCt) is an intergovernmental organization and international tribunal seated in The Hague, Netherlands. It is the first and only permanent international court with jurisdiction to prosecute individuals ...
(ICC). His role in the 2000 coup came back to haunt him, and the Fiji Law Society strongly criticised his nomination. In what the Fijian government saw as a humiliation, he was forced to withdraw his nomination during the balloting on 9 February 2003, when the Samoa
Samoa, officially the Independent State of Samoa; sm, Sāmoa, and until 1997 known as Western Samoa, is a Polynesian island country consisting of two main islands (Savai'i and Upolu); two smaller, inhabited islands (Manono Island, Manono an ...
n candidate Tuiloma Neroni Slade
Tuiloma Neroni Slade (born 8 April 1941) held the post of secretary general of the Pacific Islands Forum Secretariat from 2008 to 4 December 2014. He was elected to the position for three years on 20 August 2008. Slade was reappointed to a se ...
outpolled him.
Reconciliation and Unity Commission
In May 2005, Tuivaga spoke in favour of the government's proposed Reconciliation and Unity Commission, which would, if established, have the power to compensate victims of offenses related to the 2000 coup, and amnesty to its perpetrators, subject to presidential approval. Tuivaga cautioned, however, that the workability of the arrangement would depend on the good will of the parties involved.
On 26 May 2005, the Rev. Akuila Yabaki of the Citizens Constitutional Forum
Citizenship is a "relationship between an individual and a state to which the individual owes allegiance and in turn is entitled to its protection".
Each state determines the conditions under which it will recognize persons as its citizens, and ...
expressed concern at reports that Tuivaga might be appointed to chair the proposed commission, reports downplayed by both Prime Minister Laisenia Qarase
Laisenia Qarase (pronounced ; 4 February 1941 – 21 April 2020) was a Fijian politician. He served as the sixth Prime Minister of Fiji from 2000 to 2006. After the military quashed the coup that led to the removal of Mahendra Chaudhry, Qarase ...
and Opposition Leader
The Leader of the Opposition is a title traditionally held by the leader of the largest political party not in government, typical in countries utilizing the parliamentary system form of government. The leader of the opposition is typically se ...
Mahendra Chaudhry
Mahendra Pal Chaudhry ( hif, महेन्द्र पाल चौधरी; born 9 February 1942) is a Fijian politician and the leader of the Fiji Labour Party. Following a historic election in which he defeated the long-time former lead ...
.
Under investigation
In the wake of the military coup
A military, also known collectively as armed forces, is a heavily armed, highly organized force primarily intended for warfare
War is an intense armed conflict between states, governments, societies, or paramilitary groups such ...
which deposed the Qarase government on 5 December 2006, Interim Attorney-General
In most common law jurisdictions, the attorney general or attorney-general (sometimes abbreviated AG or Atty.-Gen) is the main legal advisor to the government. The plural is attorneys general.
In some jurisdictions, attorneys general also have exec ...
Aiyaz Sayed-Khaiyum
Aiyaz Sayed-Khaiyum (born 24 September 1965) is an Indo-Fijian politician and a cabinet minister. He is the Fijian attorney general and the Minister for Economy, Civil Service and Communications, and also serves the minister responsible for ...
announced on 22 January 2007 that there would be an inquiry into allegations concerning the role of the judiciary in the events of 2000. It was reported that Tuivaga might be subject to the inquiry. In a letter to the ''Fiji Sun
''Fiji Sun'' is a daily newspaper published in Fiji since September 1999 and owned by Sun News Limited. ''Fiji Sun'' was founded by and is part of CJ. Patel Group.
The Fiji Sun has its main newsroom in Suva, Fiji. Its print center remains in su ...
'' on 23 January, Tuivaga expressed surprise, saying that the Constitution of Fiji
Fiji's fourth constitution was signed into law by President Ratu Epeli Nailatikau on September 6, 2013, coming into effect immediately. It is the first to eliminate race-based electoral rolls, race-based seat quotas, district-based representatio ...
makes no provision for investigating retired members of the judiciary.
Memoir
In October 2014, uivaga released his memoirs titled, ''A Memoir of Sir Timoci Tuivaga Kt. CF.''.
Personal life
Tuivaga, who came from the village of Yaroi on Matuku Island
Matuku is a volcanic island in the Moala subgroup of Fiji's Lau archipelago. Located at 19.18° South and 179.75° East, Matuku covers an area of 57 square kilometers. It has a maximum elevation of 385 meters. Matuku is part of a group of is ...
, in the Lau
Lau or LAU may refer to:
People
* Lau (surname)
* Liu (劉/刘), a common Chinese family name transliterated Lau in Cantonese and Hokkien
* Lau clan, one of the Saraswat Brahmin clans of Punjab
* LAU (musician): Laura Fares
Places
* Lebane ...
archipelago, was the son of Isimeili Siga Tuivaga and Jessie Hill. On 20 December 1958, he married Dr. Viliamina Leba Parrott Savu at the Centenary Methodist Church in Suva. In 1992, she suffered a cerebral stroke. She died on 13 January 2000. In July 2002, Tuivaga married Raijeli Vasakula, a lawyer and the eldest daughter of the former deputy prime minister and academic, Tupeni Baba
Tupeni Lebaivalu Baba is a Fijian academic and politician, who founded the now-defunct New Labour Unity Party. Most members of this party later merged with several other centrist parties to form the Fiji Democratic Party (now part of the Natio ...
, and Adi Adi or ADI may refer to:
Names and titles
* Adi (mythology), an Asura in Hindu faith who appears in the Matsya Purāṇa
* Adi (name), a given name in Hebrew and a nickname in other languages
* Adi (title), a Fijian title used by females of chie ...
Miriama Cagilaba. They reside in Muanikau and she continues to run her own law practice. Tuivaga had five children (William, Jessie, John and Timothy) and eleven grandchildren. In a traditional reunification Fijian ceremony in 2013, Tuivaga and his clan welcomed and acknowledged Captain Koresi Toaisi Tuivaga, of Maqbool Road, Nadera, as the eldest of the Tuivaga children.
Death
Tuivaga had gone out to play nine holes at the Suva Golf Club on Wednesday, 30 December 2015. Afterwards he came into the club house for drinks with friends and collapsed. Efforts by Army Commander Viliame Naupoto
Rear Admiral Viliame Naupoto is the commander of the Republic of Fiji Military Forces, appointed by President Ratu Epeli Nailatikau on August 1, 2015 to replace Commander Mosese Tikoitoga, which took command in early 2014. Naupoto later served ...
were unsuccessful and he died at 84 years old.
References
{{DEFAULTSORT:Tuivaga, Timoci
1931 births
2015 deaths
Chief justices of Fiji
20th-century Fijian judges
Fijian knights
Knights Bachelor
People from Matuku Island
University of Auckland alumni
21st-century Fijian judges