Timoci Tuivaga
|
Sir Timoci Tuivaga |
|
|---|---|
| 20th Chief Justice of Fiji | |
|
In office 1980 – 31 July 2002 |
|
| Monarch |
Elizabeth II To 1987 |
| President |
Ratu Sir Penaia Ganilau Ratu Sir Kamisese Mara Ratu Josefa Iloilo |
| Preceded by | Sir Clifford Grant |
| Succeeded by | Daniel Fatiaki |
| Personal details | |
| Born |
21 October 1931 Matuku Island, Lau Province, Fiji |
| Died | 30 December 2015 (aged 84) |
| Citizenship | Fijian |
| Spouse(s) | Viliamina Leba Parrott Savu 20 December 1958 — 13 January 2000 (her death) Raijeli Vasakula m. July 2002 |
| Children | 5 |
| Residence | Muanikau, Suva |
Sir Timoci Uluiburotu Tuivaga (21 October 1931 – 30 December 2015) was a Fijian judge, who served as Chief Justice from 31 March 1980 to 31 July 2002, when he retired. He was Fiji's first native-born Chief Justice.
Tuivaga was educated at the University of Auckland in New Zealand where he graduated with a Bachelor of Arts on a Lau Provincial Council Scholarship. He was further educated in Middle Temple in London, where he read Law. 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. When the Chief Justice, Sir Clifford Grant, resigned in 1980 under pressure from Fiji's first Prime Minister, Ratu Sir Kamisese Mara, Tuivaga was appointed Chief Justice by the Governor-General of Fiji, Ratu Sir George Cakobau.
Sir Timoci 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.
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 (who later succeeded him as Chief Justice), Tuivaga advised the then-President, Ratu Sir Kamisese Mara, to abrogate the Constitution, as requested by the Military. Mara refused and resigned on 29 May. An Interim Military Government, headed by Commodore Frank Bainimarama 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 (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 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).
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