Kiribati flag with statue of lady justice and judicial scales. Photo: 123RF
The Kiribati opposition is formally condemning the government's refusal to debate the suspension of the country's Court of Appeal, which occurred more than two years ago.
In late 2022, the Kiribati Court of Appeal quashed the first deportation order for High Court Judge David Lambourne and ordered the government to reinstate him. It ruled that the government's actions were unconstitutional.
The judges involved - Paul Heath, Peter Blanchard and Rodney Hansen - are all retired senior New Zealand judges.
The office of Kiribati President Taneti Maamau said it was "gravely concerned by the continuing attack on the rule of law by a few judges, who refuse to honour the constitution, laws and customs by issuing autocratic mandates".
David Lambourne, standing right, sworn in as second the Judge to the High Court - Botaki ni Kabowi I Kiribati. 15 July 2024 Photo: Facebook / New Zealand High Commission to Kiribati
It said, as reported by the ABC, that "the government of Kiribati will continue to stress that it is vital that judicial integrity underpin judicial independence, so the rule of law does not become a vehicle for autocratic judicial tyranny that robs our good and honest people of their sovereignty".
The government had made much of the constitutionally mandated tribunal that it said would investigate the suspensions, but this has never been set-up.
The opposition this past week condemns what it has called "the government's deliberate obstruction of the debate on our motion calling for the urgent establishment of a tribunal to investigate the suspended judges of the Court of Appeal."
The opposition said that the matter was unfairly pushed down the order paper by the government-dominated business committee.
"When the motion finally came up, the government deliberately interrupted proceedings to force an adjournment, making it impossible for the motion to be debated before the session closed."
The opposition says this is a clear attempt to avoid accountability and to delay action on a matter that goes to the heart of Kiribati's constitution and the rule of law.
The Beretitenti (President) is required to set up the tribunal under section 93(4) of the constitution, they said.
They added that failing to do so shows disrespect for parliament, the constitution, and the people of Kiribati.
The plight of David Lambourne
The government eventually managed to forced Lambourne out of the country in May last year.
He did get to have a virtual hearing on his case in a now re-constituted Court of Appeal late last year, with a decision released nearly six months later.
Part of that appeal has since been referred back to the High Court, but no date has been set for the court to sit.
Meanwhile, Lambourne remains out of the country, separated from his wife and family.
His wife Tessie is the current Kiribati opposition leader.
