March 23, 2012

Courts overwhelmed and over-decreed

Kudo's to the Justice Angela Wati for showing some gumption and taking on the establishment in order to give 63 sacked workers their right to a fair trial.

Court has jurisdiction to hear case of 63 sacked workers
Publish date/time: 23/03/2012 [18:15]

High Court Judge, Justice Angela Wati has made a ruling in regards to the jurisdiction to hear the case of the 63 sacked Public Works Department workers claiming that they were unfairly dismissed.

Justice Wati's ruled that the court has jurisdiction to hear the application for leave for judicial review and shall appoint a day for hearing upon consultation with the parties.

Her ruling comes after issues were raised in court earlier in the month whether she could hear the case as some decrees clearly state that some matters cannot be challenged in any court or tribunal.

Earlier Rajendra Chaudhry said in court that Fiji does not have a legislature and what we have now is a decree which he said should be interpreted by the court.

Representing the state, Acting Solicitor General Sharvada Sharma highlighted the Administration of Justice Amendment Decree which states that no court, tribunal or commission shall have the jurisdiction to accept, hear, determine or in any other way entertain any challenges at law by any person in relation to the validity or legality of any action, decision or order of the government, any minister, the PSC or any statutory authority or government entity.

Story by: Tokasa Rainima and William Waqavakatoga

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