Governor‑General Ratu Sir George Cakobau reportedly agreed in 1979 to the retirement of Fiji’s British Chief Justice, Sir Clifford Grant, after Prime Minister Ratu Sir Kamisese Mara formally requested the change under a constitutional localisation provision.
According to a November 10, 1979 report, Ratu Mara met the Governor‑General at Ratu George’s request. A formal letter from Ratu Mara asking for Sir Grant’s retirement was delivered to the Governor‑General just before noon; the Prime Minister sought for a local judge to succeed the Chief Justice within about six months. Under the Constitution, the Governor‑General had the power to dismiss the Chief Justice and appoint a successor in consultation with the Prime Minister and the Leader of the Opposition.
Ratu Mara said he believed at least three local judges had the necessary qualities for the post; speculation in legal circles named Supreme Court Justice Kermode as the frontrunner. The move drew cross‑bench support: Opposition Leader Jai Ram Reddy and the Fiji Public Service Association backed the Prime Minister’s wish to appoint a Fijian citizen as Chief Justice. Mr Reddy described localisation as “a necessary first step towards an orderly localisation of the legal and judicial services,” calling the broader localisation process “painfully slow” and urging that any change proceed without unnecessary controversy and in accordance with the Constitution.
The FPSA defended the Prime Minister’s conduct, saying Ratu Mara had acted fairly and within constitutional bounds, and had informed the person likely to be affected. Sir Clifford Grant contested that Ratu Mara had no authority to ask him to retire and, according to reports, forwarded the PM’s letter to the Governor‑General after October 29 without prior discussion with Ratu Mara. Sir Grant also provided a copy of a letter to the Prime Minister in which he indicated he would not remain in office if he was not wanted.
Context and background: Sir Clifford Grant was an established figure in Fiji’s judiciary; in April 1978 he delivered a farewell address honoring retiring Supreme Court Judge Mr Justice Stuart, reflecting his longstanding role in the legal community. The 1979 developments formed part of a wider, constitutional move to replace expatriate officeholders with qualified Fijian citizens in senior public service and judicial roles.
Commentary and legal perspective:
– The process highlights the constitutional mechanisms intended to balance executive intent with judicial independence: the Governor‑General’s role and the requirement to consult the Leader of the Opposition aim to ensure broader political input into senior judicial appointments and removals.
– Localisation of senior legal offices can strengthen national ownership of the judiciary and boost confidence in domestic legal institutions, but it must be handled transparently and in line with constitutional safeguards to preserve judicial independence and public trust.
– Sir Grant’s response—providing correspondence and asserting procedural concerns—illustrates the tensions that can arise when political decisions intersect with the judiciary’s personal and institutional integrity.
Suggestions for publication:
– Use archival photographs of Sir Clifford Grant and Ratu Sir Kamisese Mara with clear captions (the article references images of both).
– Consider adding a short timeline of events (letters, meetings, public statements, and expected transition period) to help readers follow the sequence.
– If available, link to or include contemporaneous statements from the Leader of the Opposition and the FPSA to provide primary-source context.
Summary:
In 1979, Prime Minister Ratu Sir Kamisese Mara asked Governor‑General Ratu Sir George Cakobau to accept the retirement of British Chief Justice Sir Clifford Grant and to replace him with a qualified local judge within about six months. The request, supported publicly by the Opposition and the FPSA as an overdue step toward localisation, prompted a procedural exchange between the Prime Minister, the Governor‑General and Sir Clifford, underscoring constitutional and institutional sensitivities around judicial appointments.
Hopeful note:
The drive to localise senior judicial posts reflected growing confidence in Fiji’s own legal talent and a natural step in nation‑building. When carried out transparently and constitutionally, such transitions can strengthen public confidence in the judiciary and deepen national ownership of key institutions.
Leave a comment