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2011 Annual Report

JUDICIARY OF THE REPUBLIC OF VANUATU 

ANNUAL REPORT 2011

MARCH 2012

Preface by the Chief Justice

Vision and Mission Statements 

I.  INTRODUCTION 

II.  THE COURTS AND THEIR WORK          

A.   Court of Appeal

B.   Supreme Court

C.   Magistrates’ Court

D.   Island Courts

E.   Travel to the Outer Islands

F.    Court Staff

G.   Training and Regional Conferences

H.   Court Rules and Statutes 

III.  LAWYER DISCIPLINARY ACTIONS 

IV.  BUILDINGS AND MAINTENANCE

V.   TECHNOLOGY 

VI.  LIBRARY 

VII.  SALARIES AND COMPENSATION 

VIII.  ANNUAL BUDGET 

APPENDIX 1 – ORGANIZATIONAL CHART OF THE JUDICIARY OF VANUATU 

APPENDIX 2 – JUDICIAL OFFICERS & COURT PERSONNEL 

APPENDIX 3 – FINANCIAL REPORT FOR 2011

March 2012.

The Honourable Charlot Salwai
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 2011 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

______________________________________________________

 Vision Statement

“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.”

Mission Statement

“To dispense justice speedily, fairly, independently and with improved quality of external inputs.  To improve access to justice by effective, efficient and continuous improvement of judicial institutions.  To be a Judiciary that conducts its business with dignity, integrity, accountability and transparency”

______________________________________________________

I.  INTRODUCTION

Vanuatu is a 900 kilometre-long, volcanic archipelago that consists of more than 80 islands. Most of these islands are inhabited, and around half are mountainous and densely forested with narrow strips of farming land on the coasts.

Five volcanoes are still active and volcanic eruptions are not uncommon. Vanuatu is the most cyclone prone nation in the South Pacific, with two to three cyclones entering its territory every year. The country also experiences earthquakes and resulting tsunamis. Vanuatu has a tropical climate with regular, sometimes heavy, rainfall. Temperatures average between 26°C and 34°C.

The majority of Vanuatu’s population are Melanesian, known locally as ni-Vanuatu. There are small communities of French and British people, due to its colonial history, as well as some Australians, New Zealanders, Vietnamese, Chinese and people from other Pacific Islands.

There are over 100 indigenous languages with English, French and Bislama (the local form of Pidgin English) recognised as the official languages. All of Vanuatu’s towns have both French and English names. Almost 80 percent of the population live on the twelve largest islands and the two main cities are Port Vila (30,000 people) and Luganville (11,000 people).

In 1774 Captain Cook named the islands “New Hebrides” and this name remained until independence. French and British missionaries, sandalwood traders and ‘black birders’, who took large numbers of people to work as virtual slaves on plantations in Australia and Fiji, changed life for Vanuatu’s indigenous population. These ‘visitors’ brought new diseases such as measles, influenza and the common cold which killed large numbers of indigenous people due to their lack of immunity.

In 1906 Britain and France agreed to jointly administer the New Hebrides. The move for independence began after occupation by the United States during World War II. When independence was eventually achieved in 1980, Vanuatu was born. However, through the 1990s the nation suffered a great deal of political instability.

Vanuatu is a Republic with a democratically elected government. The Non-Executive State President is elected for a 5-year term by an Electoral College comprised of all the MPs (52) plus the Presidents of the six Provincial Councils. Vanuatu has a unicameral parliament of 52 MPs elected for 4-year terms by universal suffrage with an element of proportional representation. The government elects a Speaker from among its own ranks. Twenty-seven MPs are therefore required to form a government.

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.

II.  THE COURTS AND THEIR WORK

A.  Court of Appeal

The Court of Appeal is the highest court of the land.  It  is composed of at least 2 Judges of the Supreme Court sitting togetherThe Court of Appeal is the highest court of the land.  It meets 3 times a year for 2 weeks each session. It hears civil and criminal appeals from the Supreme Court and has the same power, authority and jurisdiction of the Supreme Court. It may substitute its own judgment or opinion, but may not interfere with the exercise of a discretion of the Supreme Court unless it is manifestly wrong 

The Chief Justice of the Supreme Court is the president of the Court of Appeal and all the Judges of the Supreme Court are called upon by the Chief Justice to compose the Court of Appeal. 

In 2011, the Court of Appeal dealt with 22 civil appeals and 14 criminal appeals.  This was a 100% disposal rate.  Only 4 appeals filed after the last session of 2011 were pending for hearing and determination in the first session of 2012. 

In the April/May session of 2011, the Court of Appeal dealt with 9 civil matters involving questions arising out of the operations and interpretation of the Land Leases Act, the Employment Act and the Customary Lands Tribunal Act.  An appeal against a major telecommunication company on grounds relating to provisions of the Employment Act was dismissed.  An appeal against a Supreme Court order to prevent counsel from continuing to act in a case where a reasonable observer, aware of relevant facts, would think there was a real possibility of counsel’s knowledge from acting in previous cases for the client, might be used to the advantage of the counsel against the client in the present case, was dismissed.

The Court of Appeal dealt with 5 criminal appeals.  There were a mix of appeals against verdict and sentence. 

The Court of Appeal sat, exceptionally, on 13 May to determine the appeal case Kilman v. Speaker of Parliament, invalidating the decision of the Speaker of Parliament that consequentially saw the election of a new Prime Minister, and reinstate Mr. Kilman as Prime Minister. 

In the July session, the Court of Appeal dealt with 9 civil and 2 criminal appeals.  Of note amongst the civil appeals was the appeal against Supreme Court orders restraining counsel from acting because of counsel’s position as potential witness.  This appeal was dismissed.   The appeal case of Sato Kilman (MP) v.  Nipake Edward Natapei & ors was the second appeal involving validity of elections of the Prime Minister. The first was the appeal case of Kilman v. Speaker of Parliament which was heard and determined by the Court of Appeal at its special sitting in May 2011. 

In the 3^rd session of the Court of Appeal, there were 4 civil appeals and 7 criminal appeals for hearing and determination.  Issues relating to procedures and operations of Customary Land Tribunals Act was predominant, while the criminal appeals were appeals against sentences and one appeal against conviction which was allowed and conviction quashed.  All other appeals against sentences were allowed except for one which involved a charge of sexual intercourse without consent.  The appeal against sentence in an infanticide case was allowed. 

In July, the Chief Justice, witnessed by the whole Court of Appeal panel of Judges, admitted 16 solicitors/barristers conditionally to the practice of law in the Republic of Vanuatu, and 14 solicitors/barristers unconditionally to practice law.  

B.  Supreme Court 

The Supreme Court has unlimited jurisdiction to hear and determine civil and criminal proceedings.  It has jurisdiction to hear questions concerning elections and similar matters; and it has jurisdiction to hear any grievances from citizens about emergency regulations made by the Council of Ministers.  The Supreme Court has jurisdiction to hear civil and criminal appeals from a magistrate’s court and to hear appeals from island courts as to ownership of land.  Its decision in such cases is final. 

The Supreme Court consists of the Chief Justice and Justices appointed on local terms and conditions.  One Justice is seconded by the New Zealand District Court to the Supreme Court of Vanuatu for a period of 2 years.  Different Justices of the NZ District Court have served on this scheme since 2004.

The Supreme Court case statistics for 2011 are set out below:

C. Magistrates' Court. 

The Magistrates' Court has jurisdiction to hear cases where the amount claimed or the subject matter in dispute does not exceed vt1,000,000; disputes between landlord and tenant where the amount claimed does not exceed vt 2,000,000; and cases involving uncontested petitions for divorce or nullity of marriage.

In its criminal jurisdiction, the Magistrates' Court hears cases that concern any criminal proceedings for an offence for which the maximum penalty does not exceed 2 years imprisonment. It has jurisdiction to hear appeals from civil decisions from Island Courts, except decisions as to ownership of land, where appeal is to the Supreme Court.

The Magistrates' Court is specifically excluded from exercising jurisdiction in wardship, guardianship, interdiction, appointment of conseil judicare, adoption, civil status, succession, wills, bankruptcy, insolvency and liquidation.

The Chief Magistrate is assisted by 4 Senior Magistrates, one of whom resigned in about April 2011.  4 newly appointed Magistrates effectively joined the magisterial services as two were posted to court offices on Lakatoro, Malekula island, and  at Isangel, Tanna island. 

The Magistrates' Court case statistics for 2011 are set out below:

Magistrates Court
					Registered				Disposed				Pending
Case Type	Registered	Disposed	Pending		Vila	Luganville	Lakatoro	Isangel	Vila	Luganville	Lakatoro	Isangel	Vila	Luganville	Lakatoro	Isangel
Preliminary Inquiry	208	151	66		199			9	135			16	64			2
Criminal cases	1135	793	433		601	391	118	25	307	310	137	39	294	113	4	22
Coroner	8	8	0		8				8				0
Civil cases	268	133	172		180	46	38	4	71	29	25	8	109	26	17	20
Civl appeal from IC	12	2	9		11		1		2				9
Matrimonial cases	48	14	30		34	11	3		11	3			23	4	3
Domestic Violence	542	391	159		406	84	11	41	253	78	11	49	153	4	2
Chief Title (appeal)	7	5	3				7				5				3
Total	2228	1497	872		1439	532	178	79	787	420	178	112	652	147	29	44
Age of Magistrates Court Pending Cases
	2011	2010	2009	2008	2007	2006	2005	2004	2003	2002	2001	2000
Preliminary Inquiry
Criminal cases	15	8
Coroner
Civil cases	50	13	4	6	3	3					1
Civl appeal from IC
Matrimonial cases
Domestic Violence
Chief Title (appeal)
Total	65	21	4	6	3	3					1

 

Comments

1.  Civil Cases completed = 133 cases

2.  Criminal Cases completed = 793 cases including 151 PI cases

3.  Domestic Violence cases completed = 391 cases out of the 542 cases registered

4.  Criminal Cases of sexual nature completed = 98, representing 10.3% of all cases completed

5.  Criminal Cases completed involving Mariujana =39, representing 4.9%

6.  The oldest case in the Magistrates Court system is 1 civil case from 2001

7. 99% of cases pending in the Magistrates Court system is from 2006 to present

D.  Island Courts 

The Island Court may only deal with civil matters in which the Defendant is ordinarily resident within their territorial jurisdiction or in which the cause of action is within their boundaries, customary land cases when the land is within their territorial boundaries.

In criminal matters, cases in which the defendant is ordinarily resident within their territorial jurisdiction or in which the cause of action is within their boundaries; claims in contracts or tort where the amount claimed or the subject does not exceed vt 50,000; claims for compensation under provincial by-laws not exceeding vt 50,000; and claims for maintenance not limited in amount.

 The Island Courts are specifically empowered to administer the customary law prevailing within their territorial jurisdiction so far as it is not in conflict with any written law and is not contrary to justice, morality and good order 

There are currently 10 operational Island Courts in the Republic.  The Island Courts have full time clerks, appointed by the Chief Justice to administer the affairs of the Island Courts.  There are about 240 lay justices appointed to decide small claims and minor criminal cases that are lodged in the Island Courts.  The lay justices are members of the community. 

The Island Courts case statistics for 2011 are set out below: