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2007 Assessment

Vanuatu: Integrity Indicators Scorecard

Vanuatu: Integrity Scorecard Report > Sub-Category: Judicial Accountability
Indicators		Score
33	Are judges appointed fairly?	100
34	Can members of the judiciary be held accountable for their actions?	50
35	Are there regulations governing conflicts of interest for the national-level judiciary?	32
36	Can citizens access the asset disclosure records of members of the national-level judiciary?	0

Indicator and sub-Indicator Details

Are judges appointed fairly?

33a: In law, there is a transparent procedure for selecting national-level judges.

Score:

YES

Comments:

References: Constituion, Article 47 (The Judiciary), Article 48 (The Judicial Service Commission) and Article 49 (The Supreme Court, The Chief Justice and Other Judges) www.paclii.org/vu/legis/consol_act/cotrov406

33b: In practice, there are certain professional criteria required for the selection of national-level judges.

Score:

100

Comments: Under the Judiciary Act

References: Manager - Insolvency, Legal and Compliance Dept. www.paclii.org/vu/legis/consol_act/cotrov406

Peer Review Comments: NIS report notes that while Supreme Court justices are well respected, justices at Magistrates Courts can be quite inexperienced, and justices in Island Courts may have no legal qualifications.

33c: In law, there is a confirmation process for national-level judges (i.e. conducted by the legislature or an independent body).

Score:

YES

Comments:

References: Parliament, Judical Services Commission & the President of the Republic Constituion, Article 47 (The Judiciary), Article 48 (The Judicial Service Commission) and Article 49 (The Supreme Court, The Chief Justice and Other Judges) www.paclii.org/vu/legis/consol_act/cotrov406

Can members of the judiciary be held accountable for their actions?

34a: In law, members of the national-level judiciary are obliged to give reasons for their decisions.

Score:

YES

Comments: Both the Constitution and the Courts Act do not stipulate a requirement for decisions to be explained.

References: Courts Act - www.paclii.org/vu/legis/consol_act/ca111/ www.paclii.org/vu/legis/consol_act/cotrov406

Peer Review Comments: However, decisions usually are explained in judgments.

34b: In practice, members of the national-level judiciary give reasons for their decisions.

Score:

100

Comments: Through judgements

References: Manager - Insolvency, Legal and Compliance Dept. www.paclii.org/vu/legis/consol_act/cotrov406

34c: In law, there is a disciplinary agency (or equivalent mechanism) for the national-level judicial system.

Score:

YES

Comments:

References: The Chief Justice, The Judicial Services Commission & The President The Courts Act, Section 19 (Discipline of Judiciary) Constitution, Article 47 (3) - www.paclii.org/vu/legis/consol_act/cotrov406

34d: In law, the judicial disciplinary agency (or equivalent mechanism) is protected from political interference.

Score:

YES

Comments: The agencies are neutral.

34e: In practice, when necessary, the judicial disciplinary agency (or equivalent mechanism) initiates investigations.

Score:

100

$Scoring Criteria :: 100 Score Criteria: The judicial disciplinary agency (or equivalent mechanism) aggressively starts investigations -- or participates fully with cooperating agencies\' investigations -- into judicial misconduct. The judicial disciplinary agency (or equivalent mechanism) is fair in its application of this power. <p>50 Score Criteria: The judicial disciplinary agency (or equivalent mechanism) will start or cooperate in investigations, but often relies on external pressure to set priorities, or has limited effectiveness when investigating. The judicial disciplinary agency (or equivalent mechanism), though limited in effectiveness, is still fair in its application of power. <p>0 Score Criteria: The judicial disciplinary agency (or equivalent mechanism) rarely investigates on its own or cooperates in other agencies\' investigations, or the judicial disciplinary agency (or equivalent mechanism) is partisan in its application of this power.$

Comments:

References: Manager - Insolvency, Legal and Compliance Dept. www.paclii.org/vu/legis/consol_act/cotrov406

34f: In practice, when necessary, the judicial disciplinary agency (or equivalent mechanism) imposes penalties on offenders.

Score:

100

Comments:

References: Manager - Insolvency, Legal and Compliance Dept. www.paclii.org/vu/legis/consol_act/cotrov406

Are there regulations governing conflicts of interest for the national-level judiciary?

35a: In law, members of the national-level judiciary are required to file an asset disclosure form.

Score:

YES

Comments: Both the Leadership Code Act and the Constitution do not include members of the Judicary when defining leaders.

References: Leadership Code Act, Section 5 Constitution, Article 67

35b: In law, there are regulations governing gifts and hospitality offered to members of the national-level judiciary.

Score:

YES

Comments: There is no specific law governing this, although Article 47 (3) (b) of the Constitution implies that members would be dismissed by the Judicial Services Commission in the event of "gross misconduct, incapacity or professional incompetence." It is safe to assume that accepting gifts or hospitality would be deemed to be gross misconduct.

References: Leadership code Act No.2 of 1998: Part 3- Breachers of leadership code, custom 10(1) "Subject to subsection (2), the giving or accepting of a gift by a leader is not a breach of this code if it is done:a) in accordance with custom;and b) in the course of a traditional exchange of gifts;and c) openly; and d) for the benifit of a community or group, rather than an individual. (2) A gift to a leader on behalf of the state must be dealt with in such manner as shall be prescribed.

A leader here does not refer to the judicial body/court, and the Act does not apply to national-level judges.

35c: In law, there are requirements for the independent auditing of the asset disclosure forms of members of the national-level judiciary.

Score:

YES

Comments:

References: Manager - Insolvency, Legal and Compliance Dept.

35d: In law, there are restrictions for national-level judges entering the private sector after leaving the government.

Score:

YES

Comments:

References: Legal Practicioners Act, Section 3 (Members of the Judiciary Not Entitled to Practice) www.paclii.org/vu/legis/consol_act/lpr316/

Peer Review Comments: The restrictions for national-level judges entering the private sector are only for 12 months after leaving the state judiciary. (Judges are not usually part of the government, but autonomous from the government and public sectors). Section 3 of the Legal Practitioners Act states that "Persons who are serving or have served in the Judiciary as magistrates, registrars or judges in Vanuatu shall not be entitled to be registered as legal practitioner within a period of 12 months commencing on the last day of their service as such member of the Judiciary."

35e: In practice, the regulations restricting post-government private sector employment for national-level judges are effective.

Score:

100

Comments:

References: Manager - Insolvency, Legal and Compliance Dept.

35f: In practice, the regulations governing gifts and hospitality offered to members of the national-level judiciary are effective.

Score:

100

Comments: The Leadership Code Act does not apply to the judiciary, though the Judicial Services Commission could take action against judges for accepting inappropriate gifts/hospitality.

References: Manager - Insolvency, Legal and Compliance Dept. Constitution, Article 47 (3) (a)(b)

35g: In practice, national-level judiciary asset disclosures are audited.

Score:

100

Comments: He said he is not aware of it.

References: Manager - Insolvency, Legal and Compliance Dept.

Peer Review Comments: Asset disclosures are not required for members of the national-level judiciary, so this question is not relevant for Vanuatu.

Can citizens access the asset disclosure records of members of the national-level judiciary?

36a: In law, citizens can access the asset disclosure records of members of the national-level judiciary.

Score:

YES

Comments:

References: Manager - Insolvency, Legal and Compliance Dept.

Peer Review Comments: Asset disclosures are not required for members of the national-level judiciary, so this question is not relevant for Vanuatu.

36b: In practice, citizens can access judicial asset disclosure records within a reasonable time period.

Score:

100

Comments:

References: Mr. Loughman Kiel, Manager - Insolvency, Legal and Compliance Dept.

Peer Review Comments: Asset disclosures are not required for members of the national-level judiciary, so this question is not relevant for Vanuatu.

36c: In practice, citizens can access judicial asset disclosure records at a reasonable cost.

Score:

100

Comments: He said he is not aware of this.

References: Mr. Loughman Kiel, Manager - Insolvency, Legal and Compliance Dept.

Peer Review Comments: Asset disclosures are not required for members of the national-level judiciary, so this question is not relevant for Vanuatu.