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2010 Annual Report

JUDICIARY OF THE REPUBLIC OF VANUATU 

ANNUAL REPORT 2010

MARCH 2011

March 2011. 

The Honourable Ralph Regenvanu
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 2010 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 2010.

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 [PDF]

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 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

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

Short-term Acting Judges of the Supreme Court

Secondments

The  term of secondment of Judge Nevin Dawson was extended for 1 year from August 2009 to August 2010, and then to 8^th January 2011, but he has since left to return to New Zealand

Judge John Macdonald was seconded also by the District Court of New Zealand for a period of 3 months July to September 2010.

New Appointments

Justice Mansfield from the Federal Court of Australia and  Justice Goldsbrough from the High Court of Solomon Islands were appointed by the President as acting Judges of the Supreme Court of Vanuatu in November and they were part of the Court of Appeal panel which sat in the November/December session.

1.7 Magistrates of the Magistrates' Courts

Resignations/Vacation of Offices 

Senior Magistrate Edwin Macreveth tendered his resignation in July 2010.  It was subsequently accepted by the Judicial Service Commission in accordance with s.23 (6)(3) and (7).

Magistrate Beverleigh Kanas also tendered her resignation towards the end of 2010.  Again, the Judicial Service Commission resolved to allow her to vacate office in accordance with s.23 

New Appointments

Four new Magistrates were recommended by the Judicial Service Commission to the President for appointment in December 2010.   There are, Magistrate Anna Laloyer Bollen, Magistrate Hannaline Nalau Ilo, Magistrate Moses Peter and Magistrate Waltersai Ahelmalahalah.

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 and a Senior Magistrate are 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 temporary appointments of Judge Macdonald of the District Court of New Zealand, four new clerks of the Island Courts and four new Magistrates of the Magistrates' Court.

Mediation also became a substantial part of case management with the appointment of Acting Master of the Supreme Court, Mrs. Jillian Dawson.  However, this momentum was temporarily lost when Mrs. Dawson had to leave with her husband at the end of the year, leaving the position of master/mediator vacant.

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 2011 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 2010

Target areas 1.1; 1.2; and 1.3; were not attained and continue to form the basis on planning for 2011.  Some achievement are recorded in 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 2010, list of cases completed in 2010 and pending cases from previous years.

The 2010 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 2011.  Target area 2.2 is related to Alternative Dispute Resolution and while there was some headway made in the area of mediation mechanisms as reported in the annual report of 2009, the momentum was disturbed by the vacation of the office of master of the Supreme Court at end of 2010.

Under the Focus Point 3: Development in Human Resources, Target areas 3.3 and 3.4 were achieved with the appointment of 4 magistrates and 4 new clerks of the Island Courts.  The Court administration had assisted the Judicial Service Commission to recruit one secretary to the Magistrates' Court stationed at Lakatoro, Malekula.  However, after being inducted and oriented, the newly recruited officer tendered his resignation and was then released on that basis.  Target area 3.1 and 3.2 were still not achieved in 2010.

Under the Focus Point 4: Institutional Development, there is little to none work on furthering the building project for a court house at Saratamata, Ambae. 

Work on the extension of current office space continued and was completed in January 2010.

New acquisitions include the new shelving of the Supreme Court library. 

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

2010 year saw a strong emphasis on giving newly appointed officers an orientation program to induct them into the organization and explain their jobs and expectations to them.  The newly appointed clerks of the Island Courts were put through such an orientation program.  The newly appointed secretary to the Magistrates' Court at Lakatoro was put on an orientation program and the newly appointed magistrates went through an orientation program

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 March, all support staff and judicial officers were involved in the annual 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.  It was divided into two sessions, one for the officers stationed in the northern part of the country, and the other held in Port Vila for officers stationed in the central and southern parts of the country.

In February, Judge Oliver and Senior Magistrate Nesbeth represented Vanuatu at the Mediation Forum held in Brisbane, Australia.

In August the Vanuatu Judiciary law conference was used to host a national meeting focusing on the theme of “Children and the Law”.  This was attended by the judges, magistrates, lawyers from the public legal offices and lawyers in private practice.

The Pacific Judicial Development Program [PJDP] was revived and a sub-regional meeting for Papua New Guinea, Solomon Islands and Vanuatu was held in Port Vila.  It was a consultation between these countries to assist in putting together a program for the PJDP in its 18 months life cycle.

The Judiciary of Vanuatu was honored to receive the Honorable Gerard Fey, Chief Justice of the Court of Appeal of Noumea.  His Honor visited and observed the operations of the Efate Island Court as a point of interest to them.

In October, the Chief Justice Vincent Lunabek and Judge Oliver Saksak, accompanied by their respective spouses, attended the Pacific Judicial Conference meeting in Guam.

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 John Bule Coroner’s Inquest

A judge of the Supreme Court of Vanuatu was appointed by the Chief Justice as coroner to conduct hearing into and determine the cause of death of one John Bule, who was a detainee who had escaped but was captured and seem to have suffered somehow while in the custody of the Vanuatu Police Force.  He died.  The inquest took some weeks and a public report was released after the hearing.

Decorations and Awards

The Chief Justice, a Judge and a Senior Magistrate were awarded medals of various nature by His Excellency the President of the Republic of Vanuatu on the occasion of the celebration of the country’s 30^th Independence anniversary.

3.    The Work of the Court in 2010

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 2010

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 2010 in each court;
2. Total number of cases completed in 2010 by each court; and
3. Total number of cases pending as at 31 December 2010 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 2010; and
• the number of pending cases include cases filed before 2010.

COURT OF APPEAL 2011-08-16

SUPREME COURT 2011

MAGISTRATES COURT 2011

ISLAND COURT 2011

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 until his resignation. Senior Magistrate Jimmy Garae is supervising Magistrate for Santo/Malo Island Court and Bank/Torres Island Court, and Senior Magistrate Nesbeth Wilson is supervising Magistrate for Tongoa Island Court.  Senior Magistrate Rita Naviti is the supervising Magistrate for Ambae and Pentecost Island Courts

Coroners Inquests

While the Senior Magistrates have continuously done coroners work in situations where circumstances and cause of deaths have been doubtful or sudden deaths have occurred.  But of note in the year of review was the inquest into the death of a detainee while in the custody of the Vanuatu Police Force.  A public report was released after this inquest.

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.

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.  Judge Fatiaki did some circuits to 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 decisions 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.  Senior Magistrate Naviti has conscientiously toured the islands in this province.

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.  The court activity in this province was affected somewhat with the resignation of the resident Magistrate there. 

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 but one major customary land dispute judgment was still pending.

The Magistrates Court was well served by Senior Magistrate Steve Bani who was temporarily posted there on a 3-months period.

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

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 – authorized by the Court
5. Term Deposit Account in Australian Dollars – authorized by the Court

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.

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. [PDF]

• 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