South Pacific tides
Fiji’s chief justice faces allegations his inaction disenfranchised 100,000 women
Friday 13 January 2023
As Fiji’s new coalition government settles into its role, some of the unfinished business of the previous government has emerged - other than the disappearance from Fiji of once minister of almost everything, Aiyaz Sayed-Khaiyum.
Although elected to parliament in December's elections, a political blunder by former Prime Minister Voreqe Bainimarama cost him his seat. Sayed-Khaiyum fled to Australia, and has yet to return. Its unlikely he will be subjected to an Interpol Red Notice, but the Fiji Police do have some questions to ask him.
Another issue involves the claim that 100,000 women in Fiji were denied the franchise in a debacle of their names.
When Sayed-Khaiyum made all decisions, he insisted women could only be enrolled to vote under the name on their birth certificates. As many - if not most - had grown up and married was an obvious issue.
The Fiji Women’s Rights Movement and the Fiji Women’s Crisis Centre helped seven women file a constitutional case before Chief Justice Kamal Kumar heard on February 24 last year. They expected a judgment before an enrolment cut off date of October 31, but Kumar slumbered into silence.
No ruling has yet been made, prompting 10 women to write a detailed letter of complaint to Rabuka.
They say that the Chief Justice is personally guilty of sex and gender discrimination because he heard other cases during the eight months but failed to give this important women’s case priority.
‘During the hearing,’ the women say, ‘we were humiliated and embarrassed when the CJ asked us to cover our legs and to sit "properly", treatment not meted out to any of the men in the courtroom, also sitting cross-legged. This behaviour is unseemly of the highest judicial officer in Fiji and deeply offended our dignity as women and Fiji citizens.’
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