2022 Kiribati constitutional crisis
 | |
| Date | May 2022 — present |
|---|---|
| Cause | Suspension of High Court Judge David Lamborne and Chief Justice Bill Hastings |
| Participants | |
| Outcome |
|
A constitutional crisis began in Kiribati when the Cabinet of Kiribati suspended two of its Court Justices. High Court Judge David Lambourne was suspended in May 2022 while Chief Justice Bill Hastings was suspended on 30 June 2022; both over allegations of misconduct.[1][2]
Background
In February 2020, David Lambourne left Kiribati to attend a conference in Australia, however he was stranded due to the COVID-19 pandemic. The Kiribati government then attempted to prevent Lambourne from assuming his position in Tarawa by ceasing his wages, refusing to issue an ongoing work permit or allowing him to board a repatriation flight. In November 2021, a court ruling by Chief Justice Bill Hastings overturned the government's actions, declaring them unconstitutional. In response, Attorney General Tetiro Semilota reiterated her government's decision to remove Lambourne from his post. On 1 August 2022, Lambourne returned on a travel visa to his Kiribati family and wife Tessie Lambourne who is currently the leader of the opposition.[3]
Events
In May 2022, High Court Judge David Lambourne was suspended over allegations of misconduct. In response, he filed a legal challenge which was brought forward to Chief Justice Bill Hastings on 30 June 2022. However, instead of hearing the case, Hastings read out a letter from the Kiribati government stating that he too had been suspended with "immediate effect".[4]
On 11 August 2022, the crisis intensified when the government attempted to deport Lambourne despite an order from the Kiribati Court of Appeal that he should not be removed from the country.[5] The government said that Lambourne had "breached the conditions of his visitor's visa and posed a security risk".[6] The deportation led to a three-hour stand-off between Immigration officials and a Fiji Airways pilot who refused to board Lambourne against his will.[7] He was then placed in detention without his passport before being bailed by another Court of Appeal decision.[8] Lambourne called the actions "an unlawful order to remove me in defiance of the order of the court of appeal" adding that the deportation attempt was political.[9]
On 12 August 2022, the Court of Appeal in an urgent court hearing described the government's actions as "unacceptable and risks putting the Attorney-General and the persons directly concerned in contempt of court." A Deputy Solicitor general appeared in court on behalf of the Attorney General stating that Lambourne could not reside at his home because his wife Tessie Lambourne is the leader of the opposition and that there are supporters that visits their home further implying "that once we put Mr Lambourne in the house, there would be something going [to] happen." The representative strongly denied that the government's action was political.[10]
On 19 August 2022, further intensification of the crisis as the Court of Appeal was finally hearing the case again, despite the efforts of the government to postpone or cancel it and the last minute statement of the Office of the Beretitenti (OB) made just a few hours before the hearing[11], and after a US lawyer[12] acting for the government "said the decision of the executive should be treated with “maximum deference”".[13]
Reactions
Three Commonwealth legal agencies including the Commonwealth Lawyers Association released a statement on 11 August 2022 urging "the government of Kiribati to adhere to the independence of the judiciary in line with the Constitution of Kiribati and international standards as expressed in the basic principles [...], the Latimer House Principles, and the Commonwealth Charter". The association and two others also "urge the Commonwealth Ministerial Action Group (CMAG) [...] to consider the actions of the Kiribati government as a matter of urgency".[14] The legal agencies also spoke out earlier in June 2022 about the investigation of Lambourne by President Taneti Maamau.[15]
Former President Anote Tong warned that the crisis has left the country with a "dysfunctional judiciary" and raises questions over its democratic system. He also added that "the deportation order by the president [Maamau] is really in direct contravention to the decision by the court. So, whether the government is now in contempt of court is the question that really needs to be addressed." Tong also points the fact that until Kiribati will amend its laws and constitution "to recognise that the separation of powers is fundamental to its democratic system of government everything else that has been done will become illegal."[16]
The Law Council of Australia concern is heightened in the knowledge that warrants of appointment for the Court of Appeal expire on 15 August 2022, "and soon Kiribati will have neither a High Court nor Court of Appeal exercising jurisdiction".[17]
References
- ^ "Kiribati faces constitutional crisis after government suspends both high court justices". the Guardian. 1 July 2022. Archived from the original on 12 August 2022. Retrieved 12 August 2022.
- ^ "Kiribati suspends its chief justice over article". RNZ. 6 July 2022. Archived from the original on 12 August 2022. Retrieved 12 August 2022.
- ^ "Kiribati's attempts to keep stranded Australian judge out of the country ruled unconstitutional". the Guardian. 19 November 2022. Archived from the original on 8 July 2022. Retrieved 12 August 2022.
- ^ "Kiribati's constitutional crisis". Pacific Advocate. 6 July 2022. Archived from the original on 12 August 2022. Retrieved 12 August 2022.
- ^ "Kiribati constitutional crisis deepens as it detains Australian-born high court justice". the Guardian. 11 August 2022. Archived from the original on 11 August 2022. Retrieved 12 August 2022.
- ^ Dreaver, Barbara. "Dramatic scenes in Kiribati as authorities attempt to deport judge". 1 News. Archived from the original on 11 August 2022. Retrieved 12 August 2022.
- ^ "Attempts to deport Kiribati High Court justice back to Australia lead to airport stand-off". ABC News. 11 August 2022. Archived from the original on 11 August 2022. Retrieved 12 August 2022.
- ^ "Court slams Kiribati's 'unacceptable' attempts to deport High Court justice back to Australia". ABC News. 12 August 2022. Archived from the original on 12 August 2022. Retrieved 12 August 2022.
- ^ "Australian-born judge released from immigration detention in Kiribati, after being held overnight | Kiribati | The Guardian". amp.theguardian.com. Archived from the original on 12 August 2022. Retrieved 12 August 2022.
- ^ Whitbourn, Michaela (12 August 2022). "Australian-born Kiribati judge fights 'extraordinary' deportation move". The Sydney Morning Herald. Archived from the original on 12 August 2022. Retrieved 14 August 2022.
- ^ OB: "This is a clear last chance by the Judiciary to restore law and order in Kiribati, and the Government of Kiribati entrusts the Court of Appeal to see this case in a balance way and cease any attempt to alter the constitutional power sharing in Kiribati by reducing the Executive’s powers. The Court must correct itself if the rule of law is to deliver impartial justice as a predicate for meritocracy and democracy and stop the continued attempt to use court orders as a weapon to deny natural justice to the people of Kiribati."
- ^ [1]
- ^ [2]
- ^ "CMJA CLEA CLA Statement on Kiribati" (PDF). Archived (PDF) from the original on 12 August 2022. Retrieved 16 August 2022.
- ^ "Commonwealth judges and lawyers speak out about action against Kiribati judge". RNZ. 10 June 2022. Archived from the original on 11 June 2022. Retrieved 16 August 2022.
- ^ "Ex-Kiribati president warns judicial crisis could undermine democracy". RNZ. 18 August 2022. Archived from the original on 18 August 2022. Retrieved 18 August 2022.
- ^ [3]