Kribati: The government's decision to suspend three judges of appeal in their current positions has left Kiribati without a high court, worsening the country's ongoing constitutional crisis.
The action was taken following the suspension of David Lambourne, an Australian-born High Court judge, and an attempted illegal deportation last month.
In an appeal to Lambourn's case, the Court of Appeals issued a draconian decision, concluding that the government's efforts to deprive Lambourn of her judicial duties and deport her were unconstitutional.
The government rejected the ruling, which claimed it would prevent Kiribati from developing into a "judicial tyranny" and compared the Court of Appeals to the judges of Nuremberg, who "aided and abetted Nazi Germany."
Three appeals court judges, all retired New Zealand judges, were prevented from performing their duties by the government, which did so in accordance with section 93(5) of Kiribati's constitution.
Only two explanations are given in this section for such suspension: mental or physical infirmity or inappropriate behaviour.
President Taneti Mamau also suspended Lambourne and Kiribati Chief Justice William Hastings earlier this year, adding Appeals Judges Paul Heath, Peter Blanchard and Rodney Hansen to that list.
Sir Iremiya Tabai, the first president of Kiribati, claimed that the country was now in "crisis" as a result of the government's decision.
This, in my opinion, shows a complete disregard for our legal system. And in my opinion, we are in very bad trouble at present as there is no court now where we can seek redress; As a result, now everything depends on what the government wants, which is a very bad situation, Tabai said.
With regard to the government's handling of the judiciary, Tabai said he and other MPs would raise the issue in Parliament and move a confidence motion.
"My opinion is that they are trying to buy time to accomplish what they were trying to do in the beginning, which is to end the appointment of judges for life," he said. "We will take up this issue vigorously in Parliament, and we hope that the members [of Parliament] will understand why we are so eager and willing to take up a matter of this nature at this time."
It is anticipated that Mamau will establish a third tribunal to oversee the Court of Appeal judges and to allow lawmakers in Kiribati to choose the terms of the judges by majority vote.
The majority in the Kiribati parliament is currently held by Mamau's Tobwan Kiribati Party (TKP).
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