Nazhat Shameem
Encyclopedia
Nazhat Shameem is a former Fiji Indian judge
.
She was appointed to the bench in 1999 as Fiji's first, and 2007 so far only, Indo-Fijian female High Court
judge. Justice Shameem is in the criminal jurisdiction of the High Court of Fiji.
Shameem is best known for her trials since the 2000 Fijian coup d'état conviction and sentencing of perpetrators of the 2000 Fijian coup d'état, in which the government of Mahendra Chaudhry
was deposed in May 2000. She also heard a number of cases in which she was very critical of prison conditions for remand prisoners in Fiji. In 2005, she declared the remand centre in Suva
inhumane and degrading and in breach of the Fiji Constitution
. She also heard a case on mandatory imprisonment for drug offenders in 2001, and declared such sentences as disproportionatly severe and in breach of Section 25 of the Constitution. The Drugs decree was later repealed by Parliament.
In 2004, Justice Shameem was a keynote speaker at the Tasmanian Anti-Discrimination Commission's international conference 'Beyond Bullying : Sex/Gender, Race/Ethnicity, Class/Status - Celebrating Difference, Embracing Equality', held in Hobart, Tasmania. Her colleague, Justice Tony Gates (in 2007 Acting Chief Justice of the Fiji High Court) presented the after dinner speech at the conference.
In the wake of the 2006 military take over of Parliament and the government of Laisenia Qarase, the Chief Justice Daniel Fatiaki was suspended by the President of Fiji pending disciplinary action. He later accepted a settlement with the Bainimarama government of a lump sum, his pension and the dropping of all charges in return for his resignation.Before his suspension, no Acting appointment was able to be made by him. In his absence, a meeting of the Judicial Services Commission made up of the President of the Fiji Law Society, the Chairman of the Public Service Commission and the Chief Justice was chaired instead of the Chief Justice, by Justice Shameem. She chaired the meeting as the most senior judge of the High Court and with the concurrence of the two other members of the Commission. The Commission agreed to recommend the next most senior judge, Justice Anthony Gates as the Acting Chief Justice, to the President Ratu Iloilo. Justice Gates was then appointed by the President as Acting Chief Justice. The Law Society reneged on its agreement to the chairing of the Commission, and brought a judicial review action against the acting appointment of the Chief Justice of the Commission under the leadership of a subsequent president of the Law Society. The matter was heard at leave stage by Justice Andrew Bruce, a Hong Kong Queens Counsel, who found that Justice Shameem had acted in accordance with a Memorandum of Understanding signed by all the High Court judges in August 2005, including the then Chief Justice Daniel Fatiaki. That Memorandum had said that in a crisis, when the Chief Justice is unable to perform any of the functions of his office, the most senior judge of the High Court will perform those functions to ensure the survival of the judiciary. At the leave hearing, the Law Society conceded that Justice Shameem had acted in good faith and in the interests of the judiciary, but challenged the constitutionality of the chairing of the Commission in the absence of the Chief Justice. Leave was granted by Justice Bruce, but he said that the Law Society faced an "up-hill battle" to prove its case.
Before the full hearing could proceed, the Fiji Court of Appeal, made up of judges appointed by the challenged Judicial Services Commission, and post-2006, found that the Bainimarama government was unlawfully appointed, and ultra vires of the President's powers. On the 11th of April 2009, all the judges were removed from office by the President of Fiji, following the abrogation of the Constitution. Many were then re-appointed by the Administration of Justice Decree 2009. Justice Nazhat Shameem was not re-appointed. It is not clear whether she was not asked to be re-appointed or whether she was asked and she refused. She now runs a legal consultancy which mainly conducts legal skills workshops for lawyers. Her workshops include sessions on advocacy, human rights and gender equality.
after serving as a prosecutor for ten years. She is a graduate of Sussex University and Cambridge University, and is a Barrister of the Inner Temple in London
. She holds a Master of Laws
and a Master of Philosophy
in criminology
. She is a former chairperson of Fiji Children's Coordinating Committee for Children and is particularly interested in the way the justice system affects women and children. She has attended conferences internationally and has delivered papers on corruption, judicial transparency and gender equality.
Shameem is the sister of Shaista Shameem
, Director of the Fiji Human Rights Commission
. Her other siblings are Dr. Nikhat Shameem, an academic in the field of linguistics
, and Dr. Raffat Shameem, a Cardiologist.
Judge
A judge is a person who presides over court proceedings, either alone or as part of a panel of judges. The powers, functions, method of appointment, discipline, and training of judges vary widely across different jurisdictions. The judge is supposed to conduct the trial impartially and in an open...
.
She was appointed to the bench in 1999 as Fiji's first, and 2007 so far only, Indo-Fijian female High Court
High Court (Fiji)
The High Court of Fiji is one of three courts established by Chapter 9 of the Constitution of Fiji—the others being the Court of Appeal and the Supreme Court. The Constitution empowers Parliament to create other courts; these are subordinate to the High Court, which is authorized to oversee all...
judge. Justice Shameem is in the criminal jurisdiction of the High Court of Fiji.
Shameem is best known for her trials since the 2000 Fijian coup d'état conviction and sentencing of perpetrators of the 2000 Fijian coup d'état, in which the government of Mahendra Chaudhry
Mahendra Chaudhry
Mahendra Pal Chaudhry is a Fijian politician and the leader of the Fiji Labour Party...
was deposed in May 2000. She also heard a number of cases in which she was very critical of prison conditions for remand prisoners in Fiji. In 2005, she declared the remand centre in Suva
Suva
Suva features a tropical rainforest climate under the Koppen climate classification. The city sees a copious amount of precipitation during the course of the year. Suva averages 3,000 mm of precipitation annually with its driest month, July averaging 125 mm of rain per year. In fact,...
inhumane and degrading and in breach of the Fiji Constitution
Constitution of Fiji
The 1997 Constitution of Fiji was the supreme law of Fiji from its adoption in 1997 until 2009 when President Josefa Iloilo purported to abrogate it. It was also suspended for a period following the 2000 coup d'état led by Commodore Frank Bainimarama....
. She also heard a case on mandatory imprisonment for drug offenders in 2001, and declared such sentences as disproportionatly severe and in breach of Section 25 of the Constitution. The Drugs decree was later repealed by Parliament.
In 2004, Justice Shameem was a keynote speaker at the Tasmanian Anti-Discrimination Commission's international conference 'Beyond Bullying : Sex/Gender, Race/Ethnicity, Class/Status - Celebrating Difference, Embracing Equality', held in Hobart, Tasmania. Her colleague, Justice Tony Gates (in 2007 Acting Chief Justice of the Fiji High Court) presented the after dinner speech at the conference.
In the wake of the 2006 military take over of Parliament and the government of Laisenia Qarase, the Chief Justice Daniel Fatiaki was suspended by the President of Fiji pending disciplinary action. He later accepted a settlement with the Bainimarama government of a lump sum, his pension and the dropping of all charges in return for his resignation.Before his suspension, no Acting appointment was able to be made by him. In his absence, a meeting of the Judicial Services Commission made up of the President of the Fiji Law Society, the Chairman of the Public Service Commission and the Chief Justice was chaired instead of the Chief Justice, by Justice Shameem. She chaired the meeting as the most senior judge of the High Court and with the concurrence of the two other members of the Commission. The Commission agreed to recommend the next most senior judge, Justice Anthony Gates as the Acting Chief Justice, to the President Ratu Iloilo. Justice Gates was then appointed by the President as Acting Chief Justice. The Law Society reneged on its agreement to the chairing of the Commission, and brought a judicial review action against the acting appointment of the Chief Justice of the Commission under the leadership of a subsequent president of the Law Society. The matter was heard at leave stage by Justice Andrew Bruce, a Hong Kong Queens Counsel, who found that Justice Shameem had acted in accordance with a Memorandum of Understanding signed by all the High Court judges in August 2005, including the then Chief Justice Daniel Fatiaki. That Memorandum had said that in a crisis, when the Chief Justice is unable to perform any of the functions of his office, the most senior judge of the High Court will perform those functions to ensure the survival of the judiciary. At the leave hearing, the Law Society conceded that Justice Shameem had acted in good faith and in the interests of the judiciary, but challenged the constitutionality of the chairing of the Commission in the absence of the Chief Justice. Leave was granted by Justice Bruce, but he said that the Law Society faced an "up-hill battle" to prove its case.
Before the full hearing could proceed, the Fiji Court of Appeal, made up of judges appointed by the challenged Judicial Services Commission, and post-2006, found that the Bainimarama government was unlawfully appointed, and ultra vires of the President's powers. On the 11th of April 2009, all the judges were removed from office by the President of Fiji, following the abrogation of the Constitution. Many were then re-appointed by the Administration of Justice Decree 2009. Justice Nazhat Shameem was not re-appointed. It is not clear whether she was not asked to be re-appointed or whether she was asked and she refused. She now runs a legal consultancy which mainly conducts legal skills workshops for lawyers. Her workshops include sessions on advocacy, human rights and gender equality.
Background
From 1994 to 1999 she was Director of Public ProsecutionsDirector of Public Prosecutions (Fiji)
The Director of Public Prosecutions was created under the Fiji Independence Act of 1970 and came into being that year. In 1990 and subsequently in 1997, the powers of the Office of the DPP were provided for in the Fiji Constitution, an entrenched document and the supreme law of the nation...
after serving as a prosecutor for ten years. She is a graduate of Sussex University and Cambridge University, and is a Barrister of the Inner Temple in London
Inner Temple
The Honourable Society of the Inner Temple, commonly known as Inner Temple, is one of the four Inns of Court in London. To be called to the Bar and practise as a barrister in England and Wales, an individual must belong to one of these Inns...
. She holds a Master of Laws
Master of Laws
The Master of Laws is an advanced academic degree, pursued by those holding a professional law degree, and is commonly abbreviated LL.M. from its Latin name, Legum Magister. The University of Oxford names its taught masters of laws B.C.L...
and a Master of Philosophy
Master of Philosophy
The Master of Philosophy is a postgraduate research degree.An M.Phil. is a lesser degree than a Doctor of Philosophy , but in many cases it is considered to be a more senior degree than a taught Master's degree, as it is often a thesis-only degree. In some instances, an M.Phil...
in criminology
Criminology
Criminology is the scientific study of the nature, extent, causes, and control of criminal behavior in both the individual and in society...
. She is a former chairperson of Fiji Children's Coordinating Committee for Children and is particularly interested in the way the justice system affects women and children. She has attended conferences internationally and has delivered papers on corruption, judicial transparency and gender equality.
Personal life
She is married to Aslam Khan, the Chief Executive Officer of Vodafone Fiji. They have a child who is studying Law in the United Kingdom.Shameem is the sister of Shaista Shameem
Shaista Shameem
Shaista Shameem, a Fijian lawyer of Pakistani and Indian descent, was director of the Fiji Human Rights Commission from 2002 to 2007, and its director and chairperson from 2007 to 2009...
, Director of the Fiji Human Rights Commission
Fiji Human Rights Commission
The Fiji Human Rights Commission was created by presidential decree in 2009, succeeding the entity of the same name established as an independent statutory body under the 1997 Constitution of the Republic of the Fiji Islands.- The 1997 Commission :...
. Her other siblings are Dr. Nikhat Shameem, an academic in the field of linguistics
Linguistics
Linguistics is the scientific study of human language. Linguistics can be broadly broken into three categories or subfields of study: language form, language meaning, and language in context....
, and Dr. Raffat Shameem, a Cardiologist.