2022 Kiribati constitutional crisis

2022 Kiribati constitutional crisis
DateMay 2022 (2022-05) — December 2022 (2022-12)
CauseSuspension of High Court Judge David Lambourne, Chief Justice Bill Hastings and Court of Appeal Judges Sir Peter Blanchard, Rodney Hansen and Paul Heath.
Participants
• Government of Kiribati
• David Lambourne
• Bill Hastings
• Kiribati Court of Appeal
Outcome
  • Failed deportation attempt of David Lambourne
  • Appointment of Attorney General Tetiro Semilota as Acting Chief Justice

A constitutional crisis began in Kiribati when the Cabinet of Kiribati suspended two of its High 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] A Court of Appeal ruling upheld an earlier ruling of Chief Justice Hastings that the government acted unconstitutionally in not permitting David Lambourne to resume his duties as a High Court judge, and overturned the subsequent attempted deportation of Lambourne. In response, the government suspended all judges of the Kiribati Court of Appeal on 6 September 2022.[3]

The government's actions prompted condemnations from legal agencies and law councils from Australia, New Zealand and the Commonwealth while two former Presidents of Kiribati called it unconstitutional.[4][5][6] The government reiterated that its actions were constitutional citing Section 93 (4) of the constitution which provides check and balance for the government to prevent the judiciary from becoming too powerful.[7] A motion of no confidence was raised by the opposition in September 2022 but was blocked by the government.[8]

In October 2022, the President of Kiribati appointed Attorney General Tetiro Semilota as Acting Chief Justice, the first I-Kiribati and woman to be appointed to the position, albeit on an acting basis while Chief Justice Hastings remained suspended. Her appointment caused further controversy, the United Nations Special Rapporteur on the independence of judges and lawyers calling the appointment "concerning" and a conflict of interest.[9] Nevertheless, the appointment was met with praise and congratulations from the President of Kiribati who appointed her, the country's law society and also from some of its citizens.[10]

The constitutional crisis remains unresolved as at November 2023.[11]

  1. ^ "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.
  2. ^ "Kiribati suspends its chief justice over article". RNZ. 6 July 2022. Archived from the original on 12 August 2022. Retrieved 12 August 2022.
  3. ^ "Kiribati suspends all remaining senior judges after row over Australian justice's deportation". ABC News. Archived from the original on 2022-09-06. Retrieved 6 September 2022.
  4. ^ Cite error: The named reference :0 was invoked but never defined (see the help page).
  5. ^ Cite error: The named reference :1 was invoked but never defined (see the help page).
  6. ^ Cite error: The named reference :2 was invoked but never defined (see the help page).
  7. ^ "Kiribati Government hits out again at judiciary". RNZ. 15 September 2022. Archived from the original on 15 September 2022. Retrieved 21 September 2022.
  8. ^ Cite error: The named reference :3 was invoked but never defined (see the help page).
  9. ^ "Kiribati controversy as attorney general becomes acting chief justice". the Guardian. 30 October 2022. Archived from the original on 31 October 2022. Retrieved 31 October 2022.
  10. ^ "A win for women and I-Kiribati citizens, or a 'deeply disturbing' judicial crisis?". ABC News. 1 November 2022. Archived from the original on 4 November 2022. Retrieved 4 November 2022.
  11. ^ "People are suffering Kiribati's judicial crisis". Radio New Zealand. 6 April 2023.