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2009 Annual Report

JUDICIARY OF THE REPUBLIC OF VANUATU 

ANNUAL REPORT 2009 

 MARCH 2010

CHIEF JUSTICE’S CHAMBERS                                                             

SUPREME COURT OF VANUATU                                                           

PMB 9041                                                                                                    

PORT VILA                                                                                                  

EFATE
                                                                       

March 2010.

The Honourable Bakoa Kaltongga

Minister of Justice & Community Services

Ministry of Justice & Community Services

Government of Vanuatu

Port Vila

Efate

Dear Minister,

I have the pleasure in submitting, in accordance with section 51 of the Judicial Services & Courts Act No. 54 of 2000, a report of the management and administrative affairs of the Judiciary during the year 2009 and the financial statements in respect of that financial year.  The report includes information about the Court, its activities and workload.

Yours sincerely,

Vincent LUNABEK

CHIEF JUSTICE

Content

1. Overview of the Judiciary of Vanuatu

a.    Establishment

b.    The hierarchy of Courts

c.    Function

d.    Structure

e.    Judges

f.     Magistrates

g.    Court Registries

2.  The year in review

Significant issues and developments

3. The work of the Courts in 2008.

a.    Introduction

b.    Types of Cases that come before the Courts

c.    Summary of Workload and Output

d.    Other Tribunal works & Commissions

e.    Committees

f.     Managing cases from the Provinces

4. Management of the Court

a.    Chief Justice Consultation

b.    Chief Registrar management meetings

c.    Financial management

d.    Human Resources

5.  Financial Report   

1.  Overview of the Judiciary of Vanuatu

1.1   Establishment

The judiciary of the Republic of Vanuatu is created by Article 47[1] of the Constitution under Chapter 8 on Justice:

“The administration of justice is vested in the judiciary, who are subject only to the Constitution and the law…”

In the same Chapter, the Constitution goes on to provide for the Supreme Court in Article 49, the Court of Appeal in Article 50 and the Island Courts in Article 51.

In accordance with section 12[1] of the Judicial Services & Courts Act No. 54 of 2000, The Magistrates’ Courts established by section 1 of the Courts Act [CAP 122] continue in existence on and after commencement of the Judicial Services & Courts Act No. 54 of 2000, as the Magistrates Court of Vanuatu.

1.2   Hierarchy of Courts

The Constitution provides for the Supreme Court of Vanuatu, the Court of Appeal of Vanuatu, composed of at least 2 Judges of the Supreme Court sitting together, being the last court of the land, and the subordinate Courts including village or Island Courts.  Having different jurisdictions and powers, these courts form the hierarchy of courts in the republic.

The Magistrates' Courts are the intermediate court and are provided for by the Judicial Services & Courts Act No. 54 of 2000 giving effect to section 1 of the now repealed Courts Act.

1.3   Functions

While the powers and functions of the different levels of courts are subject to the Constitution and relevant legislations, the Constitution is very clear on the prime function and role of the judiciary.  It states that:

“The function of the judiciary is to resolve proceedings according to law. If there is no rule of law applicable to a matter before it, a court shall determine the matter according to substantial justice and whenever possible in conformity with custom.”

1.4   Structure

The Constitution and the Judicial Services and the Courts Act No. 54 of 2000, place the responsibility of administration and management of the judiciary on the Chief Justice, to be assisted by the Registrar of the Supreme Court, and the Chief Magistrate.

The Judges of the Supreme Court and the Magistrates of the Magistrates' Courts form the core of judicial officers in the judiciary.

In the Island Courts, there are  270 lay justices of the Island Courts who are directly under the management of the Clerks of Island Courts, the Senior Administrator of Island Courts and the respective supervising Magistrates.

All court personnel of all categories are the responsibility of the Registrar of the Supreme Court with the assistance of the Human Resource Manager.

1.5   Vision

In the next 5 years, the vision of the judiciary of Vanuatu is embodied in the statement below:

“A JUDICIARY THAT IS INDEPENDENT, EFFECTIVE, EFFICIENT AND

WORTHY OF PUBLIC TRUST AND CONFIDENCE, AND A LEGAL PROFESSION THAT PROVIDES QUALITY, ETHICAL, ACCESSIBLE AND COST-EFFECTIVE LEGAL SERVICE TO OUR PEOPLE AND IS WILLING AND ABLE TO ANSWER TO PUBLIC SERVICE.”

1.6   Judges of the Supreme Court and the Court of Appeal

Masters of the Supreme Court

Secondments

The  term of secondment of Judge Nevin Dawson was extended for 1 year from August 2009 to August 2010.

Judge Peter Butler and Judge John Clapham were seconded also by the District Court of New Zealand for a period of 3 months each; from April to June and from August to October respectively.

A special arrangement between the Supreme Court of Vanuatu and the Federal Court of Australia enabled Justice Bruce Lander of the Federal Court of Australia to be seconded to the Supreme Court of Vanuatu for a period of 3 weeks.

New Appointments

Judge Daniel Fatiaki, a former Chief Justice of the Republic of Fiji was appointed in August 2009.

An acting Master of the Supreme Court of Vanuatu was appointed in March 2009.

1.7 Magistrates of the Magistrates' Courts

Retirements

Magistrate Helen Aru, who had served as resident Magistrate at Isangel, Tanna, was retired in March 2009 on medical grounds.  She later died in November 2009.

New Appointments

Magistrate Beverleigh Kanas was appointed in March 2009.

Promotions

Magistrates Steve Bani, Nesbeth Wilson and Edwin Macreveth were promoted to Senior Magistrate posts in March 2009

1.8    Court Registries

Principal and Other Registries

The Principal Registry of the Supreme Court located in Port Vila is responsible for the overall administration, policy and functions of the court’s registries and provides policy advice, human resources, financial management, library and information services, asset management and support to Chief Justice and judges’ committees.

There is a regional registry of the Supreme Court located in luganville where a Judge of the Supreme Court is resident.

Other regional court registries are located in Lakatoro on Malekula, Isangel on Tanna, Ambore on Ambae, Loltong on Pentecost, and Sola on Vanua Lava in the Banks Group of Islands.

2.  The Year in Review

2.1   Introduction

During the year under review, the Supreme Court continued to operate and effectively decide disputes according to law, therefore fulfilling its role and function under the Constitution.   Its operation was boosted by the appointment of Judge Fatiaki and by the short-term secondment of 2 Judges of the District Court of New Zealand and one Justice of the Federal Court of Australia, Justice Bruce Landers.

Mediation also became a substantial part of case management with the appointment of Acting Master of the Supreme Court, Mrs. Jillian Dawson.

The Magistrates' Court saw the retirement of one magistrate and the appointment of another.

The Island Courts around the country continued to provide services to the population in the islands of their residence but substantively only in civil disputes.  There was a complete lack of prosecution of criminal matters in the various Island Courts in the country.

Through and within their respective jurisdictions, the Island Courts, the Magistrates' Courts, the Supreme Court and the Court of Appeal applied and upheld the rule of law in delivering remedies in civil disputes, enforcement of fundamental rights and they enforce the criminal law of the country. 

The courts, by fulfilling their roles and functions, contributed to the social and economic development of the country and play their vital role in the maintenance of social peace and justice in the country.

2.2   Significant issues and developments

Judicial Reform Program

In his Official Speech at the official opening ceremony of the Supreme Court in 2006, the Chief Justice announced the format, scope and strategies of a comprehensive judicial reform program.  Despite minimal outsourced financial support, the judiciary’s recurrent budget each year is utilized to carry the judicial reform program to its initial stages of implementation.  In the year under review, the judicial reform program gained momentum as little by little each strategy contained in the Management Improvement Plan is completed.

Management Improvement Plan

The first Management Improvement Plan was developed and issued as required by the provisions of the Judicial Services & Courts Act.  The plan focused on 4 main areas which was deduced from the overall Judicial Reform platform produced by the official speech of the Hon Chief Justice Vincent LUNABEK in 2006.  The 4 main areas of focus were:

• Judicial Systems;

• Rules and Procedures

• Development in Human Resources; and

• Institutional Development.

The Management Improvement Plan for 2009 was an extension of the basic focus provided by the Judiciary’s Strategic Plan which covers 2008 to 2011.

Medium-term Planning

Prompted by the requirement of the Ministerial Budget Committee chairman, the Honourable Sela Molisa, Minister for Finance and Economic Management, the judiciary decided to put in place a 3 year development plan.  A Policy Statement was issued by the Chief Justice Office and under this, there is an Asset Management Plan and a Human Resource Management Plan.  Both plans cover a 3 year period, providing a link between the old Strategic Plan, which ends in 2011, and new considerations for a new Strategic Plan.

The 2010 budget is the first fiscal year for this plan. The subsequent years will reflect this plan through judiciary’s budget planning and annual Management Improvement Plans.

Assessment of Target areas in Management Improvement Plan for 2009

Target areas 1.1; 1.2; 1.3; and 1.4 were not attained and continue to form the basis on planning for 2010.  Only one target area under Judicial systems was achieved and that is the successful use of Microsoft Excel to compile accurate lists  to form the basis of accurate statistics showing the total list of cases registered in 2009, list of cases completed in 2009 and pending cases from previous years.

The 2009 Official Statistics is issued in a booklet form.

Under Rules and Procedures - Target area of 2.1 was not achieved and will constitute target areas in MIP 2010.  Target area 2.2 is related to Alternative Dispute Resolution and there has been some headway made in the area of mediation mechanisms.  The extent of success in this area is confined to the amendment of the Judicial Services & Courts Act by Parliament in the Judicial Services & Courts [Amendment] Act No.26 of 2008.  Appointments of mediators and maintenance of list of mediators is started with names of mediators who completed successfully, the LEADR mediation training in July of 2009.  Target area 2.3 was achieved with the publication of an Internal Administrative Procedures.

Under the Focus Point 3: Development in Human Resources, the following has been achieved:

(a)  Judge Daniel Fatiaki was appointed after the resignation of one Supreme Court Judge in 2009.

(b)  Mrs. Jillian Dawson was appointed acting Master of the Supreme Court.

(c)  Kathrine Abel was recruited as Finance Officer to boost the Accounts section of the corporate structure of the Judicial Administration.

(d)  Veronique Teitoka was promoted to the position of Secretary to Chief Magistrate; and

(e)  Magistrate Beverley Kanas was appointed Magistrate.

Except for the appointment of an additional Judge, this Focus Point was very well achieved.  Also only one Magistrate post was successfully recruited.

Under the Focus Point 4: Institutional Development; work on the extension of current office space continued and was completed in the December period and into January 2010.

The relocation of archives is completed as historical archives are stored in the National library and the current archives stored in space created in the current office compound. 

The relocation of the Supreme Court library is completed and the library is now in the process of increasing its collection.

Infrastructure development

There was less emphasis on this aspect of the reform and Management Improvement Plan in the year under review because the concentration was for the extension of office space in the current office compound.  Court houses at Rovo Bay on Epi Island and at Craig-cove on Ambrym island were furnished with tables, chairs and stools so as to render them operational.

Both court houses become operational but they further need adjoining toilet facilities.

The biggest development in this area, although independent of the Management Improvement Plan for 2009, was been the Government of Vanuatu’s award of the contract to design and build the new Supreme Court Hall of Justice building.

The Official Residence of the Chief Justice was successfully fenced in with chain link wire but more work needs to be done to make it completely safe.

Calendar of Events/Year Planner

The Principal Registry issues an annual calendar of events which included the Court of Appeal dates of sessions and an extensive program of circuits to all parts of the country by the Supreme Court, the Magistrates' Courts and the Island Courts.  Such a calendar of events is put out at the beginning of each year.

Training & Development

In accordance with judicial training and development plan, the judiciary held 2 judicial training in the year under review.  The training and development of Island Court clerks was also addressed in a 1-week training program in June.  In October, all support staff and judicial officers gathered for Professional Day Out training and development.  This special training and development program focused on issues and needs that can be commonly addressed between judicial officers and support staff. 

The Chief Justice attended the Judicial Reform conference in Singapore and later joined other delegates to the Constitutional Courts conference in Cape Town, South Africa.

The week of 7^th March 2009, saw Judge Oliver Saksak and Magistrate Steve Bani join the Mediation Forum conference organized by the Federal Court of Australia in Brisbane.

The Chief Justice accompanied by Mrs. Lunabek, attended the New Zealand Judges’ Conference in Tauranga, NZ.

An internal mechanism of ‘internal focus’ was put in place to closely monitor the performance of the Efate Island Court as concern was raised as to its effectiveness and ability to deal with cases in an organized and timely manner.

The LEADR mediation training started in June and was completed in July with accreditation exercises which was evaluated and scored.

On the week of 19 July, Magistrate Edwin Macreveth and Assistant Registrar of the Magistrates Court, Shirley George attended at the Noumea Court of Appeal office as part of the exchange scheme that the Judiciary of Vanuatu has with the Court of Appeal of Noumea.

In late November, the Chief Registrar and the Human Resource officer attended a week study of the administration of the Court Administration Authority [CAA] in Adelaide, South Australia

Monitoring of Court Document

The Supreme Court registry has consolidated its recording processes such that all incoming documents filed is registered upon filing before the document is processed to the relevant case file and ultimately to the judge of the matter.

The same level of recording is also done on documents issuing out of the registry.

Accurate recording of cases completed

All court offices were instructed to keep monthly records of all cases completed.  This formed the basis of monthly checks of disposition rates culminating in detailed statistics of cases completed in the year.

This contributed to the achievement by the court administration to publish, for the first time, detailed statistics of cases completed in the year by court, location and judge/magistrate.

The Supreme Court Library

New Titles for the collection

This year the Library has received/purchased approximately a total of 90 book titles.  Out of this number 63 titles have been catalogued and added to the collection. (See annex A for a complete detail of the books.)  The remaining books are still waiting to be catalogued, processed and shelved.

An area of the collection which the Librarian and Court Master Dawson have worked on building up is on Alternative Dispute Resolution.  This area of the collection has an assortment of book titles, discussion papers and guides.

Sources of acquisitions

The Supreme Court Library received & purchased books from various sources.  This year the majority of books acquired were donations. Most of the books arrived via shipment and involved some expense which was met by the Supreme Court Library.  

The following were the main donors of books for this year: 

i.              Federal Court Library of Australia

Contact: Ms. Imelda Payne,

Director of Library Services

The Federal Court Library of Australia continues to provide assistance with the donations of books through the Pacific Twinning Program.  The Library of the Supreme Court is twinned with them.

ii.            Lionel Murphy Library, Attorney General’s Department, Canberra.

Contact:         Mrs. Karyn Gladwish,

Director Library Services

And

Mrs. Narelle Leonard

 Administrative Coordinator (Pacific)

Mrs. Gladwish and Mrs. Leonard are the co-coordinators of the Pacific Twinning Program they continue to provide the assistance of acquiring books and sending them over to the Supreme Court Library.

Other minor donors included the following:

iii.           National Alternative Dispute Resolution Advisory Council (NADRAC);

iv.           Asia Pacific Judicial reform forum;

v.            Australia National University (ANU);

vi.           University of the South Pacific, Emalus Campus Library; and

vii.          Others

Purchases and subscriptions

The Supreme Court Library purchased books & periodical subscriptions from:

i.              The University of the South Pacific book shop

ii.            Stop Press

iii.           Australian Law Librarians Association

Conclusion

The Library’s physical collection has continued to grow this year.  This is quite obvious as shelving space in the Library is becoming quite restricted and tables are being used to stack books on.  It is hoped that in the following year this is something that can be looked into.

3.    The Work of the Court in 2009

    Introduction

The national Constitution charges the Judiciary with the sole duty to administer justice through the court system and their jurisdictions, to apply and uphold the rule of law.  The courts deliver remedies and enforce rights in civil matters, and enforces the criminal law of the Republic.

As required by section 51 [2] of  the Judicial Services and the Courts Act, this section of the Management Improvement Plan intends to provide the performance of the courts, in particular, to show the number of cases by case type that the court received and dealt with during the year under review.

Summary of statistics for 2009

Since 2006, on the occasion of the Official Court Opening then, the Chief Justice announced the commencement of a judicial reform process which is still ongoing and which encompasses four fundamental target areas of judicial administration:

a.    Judicial Systems

b.    Rules and Procedures

c.    Development in Human Resources; and

d.      Institutional development

The target area of “Judicial Systems” encompasses the production of reliably accurate statistics and data.

Since the publication of 2008 statistics, the first of its kind, the Judiciary has made further improvements, using Microsoft Excel Spreadsheet, to collect, store and retract accurate information in the Supreme Court, the Magistrates' Court, and the Island Courts.

The approach taken in the compilation of these statistics is to show:

1. Total number of cases registered in 2009 in each court;

2. Total number of cases completed in 2009 by each court; and

3. Total number of cases pending as at 31 December 2009 in each Court, showing the total pending cases in the whole court system.

It is important to note that:

• the number of completed cases include cases filed before 2009; and

• the number of pending cases include cases filed before 2009.

COURT OF APPEAL 2009

High profile cases:

• CAC No. 9 of 2009 – Hon. Moana Kalosil Carcasses –v- Republic of Vanuatu

• CAC No. 17 of 2009 – Guy Bernard –v- Government of the Republic of Vanuatu

• CRAC No. 17 of 2008 – Public Prosecutor –v- Sam Koilo

• CAC No. 24 of 2009 – Maxime Carlot Korman –v- Edward Nipake Natapei

• Criminal Case, Public Prosecutor –v- Albert Fai

• Total number of Civil Appeals registered in 2009 is 15

• Total number of Criminal Appeals registered in 2009 is 5

• Total number of Appeal cases registered in 2009 is 20

• Total number of Civil Appeals completed in 2009 is 20

• Total number of Criminal Appeals completed in 2009 is 9

• Total number of Appeal cases completed in 2009 is 29

• A total of 5 Civil Appeals and 4 Criminal Appeals were from 2008

• Total number of Civil Appeals pending is 9

• Total number of Criminal Appeals pending is 1

• Total number of Appeal cases in 2009 is 10

SUPREME COURT 2009

General Observations:

• Total number of registered Civil Cases in 2009 is 304

• Total number of registered Criminal Cases in 2009 is 123

• Total number of registered cases in 2009 is 427

• Total number of completed Civil Cases in 2009 is 471

• Total number of completed Criminal Cases in 2009 is 186

• Total number of completed cases in 2009 is 657

• Total number of pending Civil Cases as at 31 December 2009 is 329

• Total number of pending Criminal Cases as at 31 December 2009 is 124

• Total number of pending cases as at 31 December 2009 is 453

• Total number of cases referred to Master for mediation is 21

• Total number of mediation completed by the Master is 10

• Remaining mediation cases listed for February to March 2010 is 11.

Out of the completed criminal cases:

• 10  involved children of 15 years or younger as victims of sexual offending representing a 5% of total completed criminal cases in 2009.

• Total number of offenses of sexual nature is 132 representing a 70% of total completed criminal cases in 2009.  It is important to note the geographical spread of these case: 90 of these offenses of sexual nature were completed in Port Vila, while 31 were recorded in Luganville, and 11 in the Isangel registry.

• 34  involved offenses under the Dangerous Drugs Act, representing 18% of total completed criminal cases in 2009.

• 12 were offenses of Intentional Homicide, Intentional Assault causing death and Careless driving causing death, representing 6 % of total completed criminal cases in 2009

Out of the completed civil cases:

• 7 involved applications under s.39 of the Customary Land Tribunals Act, representing 1% of total completed civil cases in 2009.

• 65 involved land leases, representing 13% of total completed civil cases in 2009.

• 28 involved employment issues, representing 5% of total completed civil cases in 2009.

• 10 were Constitutional Applications, representing 2% of the total completed civil cases in 2009

Other general observations:

• When comparing total number of cases registered in 2009 which is 427 cases, and the total number of cases completed in the same period, which is 657 cases, the Supreme Court clearance rate is 153%

• Using the same calculation, the clearance rate for Civil Cases is 154%, while the clearance rate for Criminal Cases is 151%

• 26 Customary Land Appeal Cases are still pending in the Supreme Court.

• Judge Butler disposed of 38 cases in the 3 months that he was with Supreme Court

• Judge Clapham disposed of 33 cases out of the 76 cases he was allocated in the 3 months he was with the Supreme Court

• Judge Lander disposed of 5 long outstanding cases out of the 10 he was allocated, in the 3 weeks he was with the Supreme Court.

MAGISTRATES’ COURT 2009

General Observations:

• Total number of registered Civil Cases in 2009 is 364

• Total number of registered Criminal Cases in 2009 is 595

• Total number of registered cases in 2009 is 959

• Total number of completed Civil Cases in 2009 is 381

• Total number of completed Criminal Cases in 2009 is 1,011

• Total number of completed cases in 2009 is 1,392

• Total number of pending Civil Cases as at 31 December 2009 is 259

• Total number of pending Criminal Cases as at 31 December 2009 is 331

• Total number of pending cases as at 31 December 2009 is 590

Out of the completed cases:

• 84 Domestic Violence Protection Orders were issued in Port Vila, 23 in Luganville, 1 at Lakatoro, Malekula and 4 at Isangel, Tanna. 

• Out of at total number of 139 Applications, 112 Domestic Violence Orders were issued, mainly in the two main urban centers.  This figure represents 29% of the completed Civil matters in the Magistrates' Courts in 2009.

• The total number of Applications for Domestic Violence Protection Orders, of 139,  show a decrease when compared to 193 Applications in 2008.

ISLAND COURT 2009

General Observations:

• There has been a complete lack of prosecution of relevant criminal matters in the Island Courts.

• Claims for Child Maintenance, under the Maintenance of Children Act forms the bulk of the work registered, completed and pending in the Island Courts.

• Total number of Child Maintenance claims registered in 2009 is 236

• Total number of other Civil claims registered in 2009 is 225

• Total number of cases registered in 2009 is 461

• Total number of Child Maintenance claims heard in 2009 is 194

• Total number of other Civil claims disposed of in 2009 is 151

• Total number of Customary Land cases heard in 2009 is 7

• Total number of cases heard in 2009 is 325

• Total number of Child Maintenance claims pending as at 31 December 2009 is 260

• Total number of other Civil claims pending as at 31 December 2009 is 104

• Total number of Customary Land cases pending as at 31 December 2009 is 83

• Total number of cases pending as at 31 December 2009 is 447

• Among the civil claims, a total of 18 claims to custom Chief titles and names were registered in the Island Courts in 2009, mostly in the Malekula Island Court and Efate Island Court.

Average time from Registration to Finalization & Average Cost per Case

This requirement of reporting cannot be satisfied in this report while work is continuing to streamline processes and technology upgrading for statistics collection and storage.

        Other Tribunal Work and Commissions

Supervising Magistrates

Under the Island Courts Act, the Chief Justice appoints a supervising Magistrate for each Island Court.  Currently there are 3 supervising Magistrates appointed.  Magistrate Steve Bani is supervising Magistrate for Efate Island Court.  Senior Magistrate Jimmy Garae is supervising Magistrate for Santo/Malo Island Court and Bank/Torres Island Court, and Helen Aru is supervising Magistrate for Tafea Island Court.

Under the rules, the supervising Magistrate has an extended role including training responsibilities.  However, the Island Courts Act specifically provides the basis for them to review decision of the Island Courts which they are responsible and also to confirm imprisonment sentences if such sentences are of more than certain period of time.

Local Government Election Tribunal

Magistrate Nesbeth Wilson was appointed, by the Minister of Internal Affairs, on recommendation and permission granted by the Chief Justice to chair the Tribunal hearing and deciding on election petitions arising out of elections of the Municipality Councils and the Provincial Government Councils.

Vanuatu Police Services Commission

Senior Magistrate Naviti continued to serve the Police Services Commission with the concurrence of the Chief Justice.

Vanuatu Community Parole Board

Under the Vanuatu Correctional Services Act, Justice Oliver Saksak was appointed as the first chairperson of the newly created Community Parole Board.  He holds the CPB meetings alternatively in Port Vila and Luganville where he is the resident Judge of the Supreme Court.

Public Service Commission Disciplinary Board

Magistrate Steve Bani continued to work as member of the PSC Disciplinary Board, appointed in an early year under the Public Service Commission Act and with the concurrence of the Chief Justice.

        Committees

National Judicial Training Committee

The National Judicial Training Committee was recomposed to include the Chief Justice as the chair and included John Obed Alilee, Magistrate Stephen Felix, Judge Oliver Saksak, Shemie Joel and Magistrate Nesbeth Wilson who is the judiciary’s National Coordinator of judicial training.

This committee oversees the training and development plans and programs of the judiciary.  They plan, design, deliver and evaluate the training/development programs of the judiciary.

        Managing cases from the Provinces

Introduction

For each of the Provinces, the central registries of the Supreme Court and the Magistrates court keep a register of all cases.  Judge Oliver Saksak has been designated to conduct circuits of Torba, Penama and Sanma Provinces.  Nevin Dawson is tasked to tour Malampa and Shefa Provinces, while the Chief Justice is responsible for the Tafea Province.

There is a similar designation of Magistrates for each of the Provinces without a resident Magistrate while the Island Court clerks stationed in each Province tours the other islands of that Province.

Torba Province

This Province was covered well, in the year under review, by tours by the Magistrates' Court based in Luganville and the Supreme Court Judge resident in Luganville. 

Sanma Province

There was normal court activity in this province which saw some high profile cases in the criminal as well as in the civil jurisdictions. The Island Court in this Province has attempted some big customary land matters but was haphazardous because of decisions to allow applications for disqualifications of presiding Magistrates in these matters.  This meant that some of these big customary land cases are still pending.

Penama Province

This Province composed of Ambae, Maewo and Pentecost is the only province which has two Island Court clerks stationed in two of its three Islands.

Judge Oliver Saksak , the Supreme Court Judge heard and disposed of criminal and civil cases on Ambae island.

Malampa Province

The most active court in this province has been the Magistrates' Court and the Island Court.  Some long outstanding matters are still pending in the Supreme Court. 

Shefa Province

This Province hosts the central registry office and the most number of Judges of the Supreme Court and Magistrates of the Magistrates' Court.  It has been the busiest by virtue of its location and the center of commercial activities.

The Efate Island Court has been very busy hearing and deciding on child maintenance cases.

The Magistrates' Courts have a full list of criminal cases each month for plea or Preliminary Inquiry proceedings.

The majority of the Supreme Court output is produced in this Province.

Tafea Province

The Island Court performance in this Province has improved only slightly from the mediocre effort from 2008.  Two big customary land cases were addressed

The Magistrates Court was well served by Magistrate Steve Bani and Chief Magistrate Felix who did very well, under trying circumstances, to dispose of criminal and civil cases there.

The Supreme Court served this Province well eliminating a criminal backlog of cases in its jurisdiction.

On the whole the presence of the courts in the provinces did not go as planned.

4.     Management of the Court

Introduction

With the provisions of the Constitution and the Judicial Services & Courts Act, the judiciary of Vanuatu is embarking on reforms to consolidate its self-administered court.  The Court Administration therefore is slowly moving from the central registry work of case registration, allocation and filing into administration proper with a corporate nature. It is already growing its Finance and Accounts unit and re-enforcing with proper manuals on processes that fit into the general finance Financial Management Information System [FMIS]

A Human Resource Officer and Finance Officer were recruited in early 2009.

Chief Justice consultation

The Chief Justice organizes himself so as to consult with the Judges and Magistrates on any matter of policy which warrants the input of the Judges and Magistrates.  It is an ad hoc arrangement but fits into the need of the jurisdiction as the Chief Justice is also an administrative Judge so as to satisfy the requirement of the Constitution and the Judicial Services & Courts Act.

Chief Registrar Meetings

The Chief Registrar assists the Chief Justice in his responsibility for the management of the Courts.  On a bi-monthly basis, the Chief Registrar meets with the Assistant Registrar of the Magistrates' Courts, the Sheriff, the Accountant and the Senior Administrator of Island Courts.  This is a management meeting where plans are discussed and progress reviewed.

Financial Management

The Chief Justice has direct responsibility of the financial management of the Courts.  His Honor is assisted by the Chief Registrar and the Accountant.  A budget submission was prepared and advanced to the Ministers’ Budget Committee [MBC] for the next financial year.

An internal submission for budget is submitted to the Chief Registrar who scrutinizes the figures before giving his authorization for the Accountant who will advice as to the Courts’ cash flow situation and liquidity before the final decision to commit Local Purchase Orders [LPO] in the FMIS.  Each submission is weight against the internal work plan for the judiciary in the year of review.

Apart from the recurrent budget of the judiciary, the Court also has the following trust accounts:

1. The Chief Registrar Trust Account

2. The Library Trust Account

3. The Court Rules Account

4. Term Deposit Accounts in Vatu

5. Term Deposit Account in Australian Dollars

These accounts plus the general expenditure accounts are audited each year.

The system of receiving case payment for court fees by the accounts/finance unit of the administration has operated for one full year and its encouraging and points to efficiency.  This was a small step but very important streamlining of processes so that the lawyers and other court users can pay at the same time as they file their documents.

Le Budget Annuel de 2009

Les détails de différent Centres des coûts.

Human Resources

Below is a list of all judicial officers and support staff of the judiciary valid for the year in review.

5.  Financial Report.

• Chief Justice submission of Annual Financial Statement of Accounts to Auditor General

• Expenditure Report

• Revenue and Cash Receipt Report

• Chief Registrar Trust Account Track

• Commitments and Contingencies

• Annual Leave Balances

• Asset Register