| High Court of Tuvalu | |
|---|---|
 | |
| Established | 1978 |
| Jurisdiction | Tuvalu  |
| Location | Funafuti |
| Authorized by | Constitution of Tuvalu |
| Appeals to | Court of Appeal of Tuvalu |
| Number of positions | 3 |
| Chief Justice | |
| Currently | The Hon Sir Gordon Ward OBE (Acting) |
| Since | 2019 |
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|---|
 Tuvaluportal |
The High Court of Tuvalu is the superior court of Tuvalu. It has unlimited original jurisdiction to determine the Law of Tuvalu and hears appeals from the lower courts. [1]
The High Court of Tuvalu has general jurisdiction and responsibility, as authorised by sections 122 to 136 of the Constitution of Tuvalu. [2] The jurisdiction of the High Court extends over both criminal and civil matters, and deals with cases at first instance or on appeal from the lower courts. The administration of the court is set out in Superior Courts Act (1987) and the admiralty jurisdiction is addressed in the Admiralty Jurisdiction (Tuvalu) Order (1975).
There are eight Island Courts and Lands Courts; appeals in relation to land disputes are made to the Lands Courts Appeal Panel. Appeals from the Island Courts and the Lands Courts Appeal Panel are made to the Magistrates Court, which has jurisdiction to hear civil cases involving up to $10,000.
Section 5 of the Constitution establishes the jurisdiction of the High Court in constitutional matters; with sections 40 to 42 confirming the jurisdiction of the High Court to determine questions in relation to the Bill of Rights is set out in Part II of the Constitution.
Amasone v. Attorney General was a judgment of Ward CJ delivered on 6 August 2003. Amasone Kilei, the leader of the opposition, requested an order regarding the calling of parliament. The Chief Justice delivered directions as to how the governor-general should proceed to take any action he considers to be appropriate under Section 116(1) of the Constitution, acting in his own deliberate judgment, rather than as advised by the cabinet. [3] That is, the governor-general could consider whether it was appropriate to exercise his reserve powers in calling parliament.
Teonea v. Pule o Kaupule of Nanumaga was a judgment of Ward CJ given delivered 11 October 2005. [4] The case raised issues in relation to the balancing the freedoms of religion, expression and association that are set out in the Constitution of Tuvalu against the values of Tuvaluan culture and social stability that are also referred to in the Constitution. This matter went on appeal to the Court of Appeal of Tuvalu. [5]
Sir (Dermot) Renn Davis (1928-1997), who had previously served in Kenya and then as the British Judge in the New Hebrides Condominium (now Vanuatu) 1973-1976, and as the first Chief Justice of Solomon Islands in 1976 and as Chief Justice of Gibraltar (1980-1986), was Chief Justice of Tuvalu from 1978 to 1980 and then Chief Justice of the Falkland Islands and a Judge of Appeal of Gibraltar. He died, on his way to a Mozart festival in Leipzig, Germany aged 68 in 1997.
The Hon Sir Gaven Donne KBE, (1914-2010) was Chief Justice 1985-2001, retired at the age of 85 and died aged 95 in 2010.
The Hon Sir Gordon Ward OBE, Chief Justice of Tuvalu (2000-2016), was a President of the Court of Appeal of Fiji, and Chief Justice of Tonga and of Trinidad and Tobago. [6] In May 2013 Sir Gordon Ward ruled on the application of the Tuvaluan Opposition regarding the calling of a by-election for the vacant seat in Nukufetau, [7] which led to the 2013 Nukufetau by-election. [8]
The Hon Charles Sweeney QC was appointed Chief Justice in early 2016. [9] Following the election of Kausea Natano as prime minister following the 2019 Tuvaluan general election, the justice minister, Simon Kofe, announced a two-member tribunal to investigate Mr Sweeney on allegations of judicial misconduct. [10] [11]
The Hon Sir Gordon Ward was appointed as acting Chief Justice, [12] pending the appeal by the Hon Charles Sweeney QC against the termination of his appointment by a resolution of the Parliament. [13]
The Hon. Robin Millhouse QC, a Chief Justice of Kiribati for 16 years and before that (1982-1999) a judge of the Supreme Court of South Australia and eventually its senior puisne judge, an Attorney General of South Australia and a member of its Parliament for more than 25 years, served as a Judge of the High Court of Tuvalu from 2014. He died, aged 87, on 27 April 2017. Plenus annis, plenus honoribus.
The Hon Justice Michael Finnane RFD QC served as a Judge of the High Court of Tuvalu in 2017.
In 2021, Sir John Baptist Muria was appointed as a judge of the High Court of Tuvalu. [12]
Most rulings of the High Court can be appealed to the Court of Appeal of Tuvalu.
The politics of Tuvalu takes place in a framework of a parliamentary representative democratic monarchy, whereby the monarch is the head of state, represented by the governor-general, while the prime minister is the head of government. Executive power is exercised by the government.
Saufatu Sopoanga was a Tuvaluan politician who served as the eighth prime minister of Tuvalu from 2 August 2002 to 27 August 2004. He drew international attention for his speeches warning about the effects of the rising sea level on Tuvalu and other low-lying island countries.
Tuvalu elects a legislature on a national level. The Parliament of Tuvalu has 16 members, elected for a four-year term in 8 double-seat constituencies. Tuvalu is a de facto non-partisan democracy since it does not have political parties. The political system is based on personal alliances and loyalties derived from clan and family connections. It does tend to have both a distinct government and a distinct opposition. The 16 members of the current parliament are elected from eight two-seat constituencies via plurality block voting.
The Parliament of Tuvalu is the unicameral national legislature of Tuvalu. The place at which the parliament sits is called the Vaiaku maneapa. The maneapa on each island is an open meeting place where the chiefs and elders deliberate and make decisions.
Sir Kamuta Latasi is a political figure from the Pacific nation of Tuvalu from Funafuti atoll. He was elected to the Parliament of Tuvalu in 1992. Latasi served as the 4th prime minister, and foreign minister, from 1993 until 1996. He has served as the Speaker of parliament from 2006 to September 2010 and again from December 2010 to March 2014.
Apisai Ielemia was a Tuvaluan politician. He served as the tenth Prime Minister of Tuvalu from 2006 to 2010, and also held the role as Foreign Minister. He was returned as a member of parliament in the 2010 Tuvaluan general election. He was re-elected to parliament in the 2015 Tuvaluan general election. On 5 October 2016 Chief Justice Sweeney of the High Court of Tuvalu declared that Ielemia’s parliamentary seat was vacant as he was not qualified to be a member of parliament, as the consequence of the short time the opposition MP served time in jail following his conviction on 6 May 2016 in the Magistrate’s Court of charges of abuse of office during the final year of his term as prime minister. The abuse of office charges related to payments deposited into a National Bank of Tuvalu personal account. The 5 October 2016 decision of the Chief Justice was controversial as it appeared to contradict the June 2016 decision of Justice Norman Franzi of the High Court of Tuvalu that had quashed Ielemia’s conviction and acquitted him of the abuse of office charges. The appeal to the High Court held that the conviction was "manifestly unsafe," with the court quashing the 12-month jail term.
Sir Frederik Gordon Roy Ward OBE is a retired British judge who has served in various countries of the Commonwealth.
Willy Telavi is a Tuvaluan politician who was Prime Minister of Tuvalu from 2010 to 2013.
Lotoala Metia was a Tuvaluan politician and football player.
Christianity is the predominant religion in Tuvalu, with Calvinism being the single largest denomination.
A by-election was held in the Nukufetau constituency in Tuvalu on 28 June 2013. It followed the death of MP and Minister for Finance Lotoala Metia, who died suddenly on 21 December 2012.
The governor-general of Tuvalu is the representative of the Tuvaluan monarch, currently King Charles III, in the country of Tuvalu.
The Tuvaluan constitutional crisis was a political dispute in Tuvalu between the government, led by Prime Minister Willy Telavi, and the opposition, led by Enele Sopoaga, that was precipitated by the death of the Minister of Finance, Lotoala Metia MP on 21 December 2012, which eliminated the government's majority. The dispute was eventually resolved in August 2013 by a motion of no confidence in Prime Minister Willy Telavi, following which Enele Sopoaga was elected Prime Minister.
The Court of Appeal of Tuvalu is established by sections 137 & 138 of the Constitution of Tuvalu to hear appeals from decisions of the High Court of Tuvalu and to determine the Law of Tuvalu. The administration of the court is set out in the Superior Courts Act (1987) and in the Court of Appeal Rules (2009). The Court of Appeal of Tuvalu determined appeals for the first time in 2009. Tomkins, Fisher and Paterson JJA were appointed to decide two cases:
The Constitution of Tuvalu states that it is “the supreme law of Tuvalu” and that “all other laws shall be interpreted and applied subject to this Constitution”; it sets out the Principles of the Bill of Rights and the Protection of the Fundamental Rights and Freedoms.
The Falekaupule on each of the Islands of Tuvalu is the traditional assembly of elders or te sina o fenua. Under the Falekaupule Act (1997), the powers and functions of the Falekaupule are now shared with the Kaupule on each island, which is the executive arm of the Falekaupule, whose members are elected. The Kaupule has an elected president - pule o kaupule; an appointed treasurer - ofisa ten tupe; and is managed by a committee appointed by the Kaupule.
A by-election was held in the Nukufetau constituency in Tuvalu as the consequence of the appointment of the opposition member of parliament Faimalaga Luka as the Governor-General of Tuvalu.
The Court of Appeal of the Cook Islands is the superior court of record for the Cook Islands. It hears appeals from the High Court of the Cook Islands and was established by Article 56 of the Constitution of the Cook Islands.
Amasone Kilei was a Tuvaluan politician who represented Nui. He was appointed the Minister of Health and the Minister of Education, Sports and Culture, in the government of Lagitupu Tuilimu, who was acting prime minister from 8 December 2000 to 24 February 2001.
