Corporate Service Division (English Version)

CORPORATE SERVICE DIVISION, JUDICIARY KIRIBATI

Part 1: Background Information

Part 2: Organizational Structure

Part 3: Functions

Part 4: Headquarters

Part 5:  Public Relations and the Judiciary Complaint Center (JCC)

Part 6: Complaint that cannot be assisted by the JCC

Part 7: Complaint that can be assisted by the JCC

Part 8: Complaint – The Process and Procedures

Part 9: Guidelines to complete and register the Complaint Form

Part 10: Complaint against Misconducts of the Judicial Officers (judges/magistrates)

Part 11: Important Human Rights when you are Charged with a Crime

Part 12: Account Unit

 

Part 1: Background Information

In March 2019 the High of Court Kiribati became known as the Judiciary Kiribati. The Honorable Chief Justice is the head of the Judiciary. The Chief Registrar (CR) is the chief administrator (Senior Responsible Officer (SRO) and Accounting Officer) and assisted by the Deputy Chief Registrar (DCR), the Chief Magistrate (CM) and the Executive Director (ED) of the Corporate Service Division.

The High Court Division (HCD) as a separate division of the Judiciary is headed and managed by the Deputy Chief Registrar (DCR). The Magistrate Court Division (MCD) is headed and managed by the Chief Magistrate (CM). The Corporate Service Division (CSD) is a new division created in March 2019 and headed and managed by the Executive Director (ED).

The main functions of the Judiciary are with the Court of Appeal, the High Court and the Magistrates’ Court. The Corporate Service Division acts as a supporting service to the courts handling non-judicial matters of the Judiciary as further explained in Part 3 below.

Part 2: Organizational Structure of the Corporate Service Division (CSD) after March 2019

 

Part 3: The CSD functions

The Corporate Service Division (CSD) is established as a support service to the main functions performed by the courts. The CSD’s non-judicial responsibilities are -

1. GENERAL ADMINISTRATION UNIT under the Administrative Manager (AM) —Office matters to support the courts (Registry, Reception), Staff Matters [recruitment, discipline, transport, staff records/database, performance appraisals, increment, appointment (temporary, contract, permanent)], Archives and Law Library.
2.  DEVELOPMENT AND PUBLIC RELATIONS UNIT under the Development and Public Relations Manager (DPRM)— Development (HRD and infrastructure development), Public Relations, Complaint Center.
3. ACCOUNT UNIT under the Senior Accountant (SA)— Financial Transactions (Receipt, Payment), Procurement, Budget, Asset Management and Financial advice.
4. INFORMATION TECHNOLOGY UNIT under the IT Manager (ITM) — Website, Internet, Communications, Software/Hardware management.
5. SHERIFF UNIT under the Sheriff – serve Summons and Affidavits, execute the debt judgment of the courts, seize items to clear the debts, safekeeping of the items, and sale of the items.

Part 4: HEADQUARTERS

Mail box address— P.O. Box 501, Betio, Tarawa, Republic of Kiribati.

63030010. The phone number 63030010 (land line) connects you with all divisions and officers in the Judiciary HQs and to the Magistrates’ Court in Kiritimati Island, Bairiki court and Bikenibeu court.

You need Ocean Link sim to be able to communicate with the Judiciary. The Vodafone service will be available in the Judiciary Headquarters soon. 

Important emails: This email address is being protected from spambots. You need JavaScript enabled to view it. and This email address is being protected from spambots. You need JavaScript enabled to view it.

Part 5: Public Relations and Complaint Center

One way to improve the services of the Judiciary is through the complaints. So, complaints are seen and treated positively. A Complaint Form is available at the front desk in the Reception Area.

Complaint by those with special needs can be visited for assistance by the Complaint Center.

Part 6: Complaints that cannot be assisted by the Complaint Center and ways to address those kind of complaints

1. Matters that are adjudicated inside the court room are matters for lawyers to resolve inside the court room.
2. If you are not happy with the Judge or Magistrate to hear your case, you have the right to raise it inside the court room to the Judge or the Magistrate.
3. Complaint on lawyers is addressed to the President, Kiribati Law Society. Deliver letter to the Judiciary Complaint Center in closed envelope and we will deliver it to President KLS.

Part 7: Complaints that can be assisted by the Complaint Center

Email contacts are This email address is being protected from spambots. You need JavaScript enabled to view it. and This email address is being protected from spambots. You need JavaScript enabled to view it..

You will be required to complete the Complaint Form to register the complaint and to get a registered assistance.

1. Written Judgment —When the hearing is concluded, you must ask for a written minutes and judgment. These are the most important documents that you must have after a conclusion of the case. No written minutes and judgment no justice.

(Written Minutes/Judgement for cases heard on the outer islands are available only on the outer islands. But after 10 years these documents are available in the Judiciary HQ Betio).

2. Adjourned Cases— When the case is adjourned you must be fully aware of it and why it is adjourned, and when is the next hearing. If the case is being adjourned more than 2 times, you must ask why. It could be you who caused the adjournment or it could be your lawyer or it could be the court. A delayed case is delayed justice and delayed justice is no justice at all.
3. Ongoing Cases with no ending— A case must be concluded within disposal timeframe. But a case can be going on and on for many years. A delayed case is delayed justice and delayed justice is no justice at all.
4. Lost Cases or case files. A case can be lost because you fail to follow it up or fail to pay your lawyer or simply lost interest in it. But a case being lost due to negligence of the court officers can be assisted by the Complaint Center. Any negligence of a judiciary officer is an act against justice and must be reported to the Complaint Center.
5. Absences of judiciary officers from work during working hours— Officers of the Judiciary can be absence from work being on approved leave for annual leave, maternity leave or on sick leave.
6. Judiciary officers are champions of human rights — Officers of the Judiciary protects human right whether function as officers of the Judiciary or acting as citizens outside the judiciary.

Part 8: Complaint – the Process and procedures

Contact by email This email address is being protected from spambots. You need JavaScript enabled to view it. and This email address is being protected from spambots. You need JavaScript enabled to view it. 

Betio, South Tarawa, Outer Islands and islands in the Lines and Phoenix Group

1. Visit a Court Clerk nearest to you; or,
2. Visit Complaint Center at Judiciary Headquarters Betio; and,
3. Ask for the Complaint Form

(i) ask court clerk to assist you completing the form if you need assistance. Note that the contents of the Form are in Kiribati language.

(ii) if your complaint is related to a case, ask court clerk to provide you with case number.

1. Complete the Form and sign it.
2. Leave it with court clerk to send it to Judiciary HQ.
3. If the Complaint Form is not available, submit your complaint by email to emails mentioned above.

Part 9: Guidelines to completing and registration of the Complaint Form

A. Completion and Registration

1. You cannot complete a Complaint Form when you have no complaint

2. You cannot complete a Complaint Form on behalf of someone else unless

you are a lawyer for the complainant

3. The Complaint Center can assist you completing the Complaint Form but

you must have information needed to complete the Complaint Form

4. Complaint Form must be completed where required to be completed by you.

5. Only Forms that are completed will be registered as complaint.

6. When a complaint is registered it means that it is entered in

the Complaint Database.

B. Information Required to complete the Complaint Form Please provide: -

1. Full name

2. Phone Number

3. Email Address

4. Village (and Island) you currently live in

C. Complaint Against Judicial Conduct causing delays in cases Please provide:

1. Case Number - your lawyer or court clerks can assist you

2. If you do not know the case number, you must provide the following -

3. Name of Magistrate/judge

4. Names of parties

5. month/year the case was heard

6. type of case (land or criminal or civil)

7. place where it is heard (village or island)

D. Complaint Against lack of court minutes Please provide:

1. A copy of a court minutes must be provided to you free

when the case is concluded.

2. It is the court who is responsible for the court minutes

3. If the court minutes is not provided, you may complain against

the court clerks.

4. So, in your complaint letter the name of the court clerk must be

mentioned

5. To be shown on the Complaint Form C1 or C3 to C7.

E. Complaint Against Poor Customer Service

Please provide:

1. Name of court officer
2. Reason for poor customer service
3. Date, time if possible.
4. Your full name and contact (phone/email)

F. There is also a Suggestion Box to suggest improvement to services of the Judiciary.

G. The Complaint Form can be accessed and downloaded from the Document portal on this website.

Part 10: COMPLAINT POLICY, PROCESS AND PROCEDURES: COMPLAINANT’S COMPLAINT AGAINST A JUDGE/MAGISTRATE

1. Complaint on Judges: Write to the Deputy Chief Registrar, P.O. Box 501, Betio, Tarawa copy your letter to –

1. Chief Registrar Mr Abuera Uruaaba, P.O. Box 501, Betio, Tarawa; or
2. Email to Executive Director of the Corporate Service Division, Mr Moriati Koae, This email address is being protected from spambots. You need JavaScript enabled to view it. or This email address is being protected from spambots. You need JavaScript enabled to view it.

2. Complaint on Magistrates: Write to the Principal Magistrate Ms. Arian Arintetaake, P.O. Box 501, Betio, Tarawa and copy your letter to –

1. Chief Magistrate, P.O. Box 501, Betio, Tarawa; or
2. Email to Executive Director of the Corporate Service Division, Mr Moriati Koae, This email address is being protected from spambots. You need JavaScript enabled to view it. or This email address is being protected from spambots. You need JavaScript enabled to view it.

3. Please allow some times for the officers to work on your complaint and be assured for a response to your letter updating you on the progress of your complaint.

1. If a complaint is related to delay in the work or other serious complaints it will be resolved within 1 week. An explanation will be provided to you if more time is needed to work on it.
2. If a complaint is related to misconduct and corruption or other very serious complaint, it will be resolved within 1 month. An explanation will be provided to you if more time is needed to work on it.

4. Any complaints on judges/magistrates that cannot be assisted or resolved within timeframe by the officers concerned will be dealt with by the Chief Registrar and the Judiciary Complaint Center (JCC).
5. Complaints on misconducts and corruption implicating the judges/magistrates will eventually be handled by the Judicial Ethics Committee (JEC), if it is not resolved quickly by the Chief Registrar and the JCC.

Note that the administrators and the JCC are not competent bodies to deal with complaints against a judgment of a judge or magistrate.

Part 11. Important human rights when you are charged with a crime

1. It is only the courts of law (Magistrates’ Court, High Court and Court of Appeal) that can give judgment on whether or not you have committed a crime.
2. Only the courts of law that can give judgment under the laws that you have committed a crime.
3. When you are being charged with a crime you have the right to know straight away what crime were you committing and to be given time to seek legal assistance and to personally respond or respond through a lawyer.
4. You have the right to a witness and to ask questions to prosecution witness.
5. You have the right to request translation of the contents of the court documents that you do not understand.
6. You cannot be forced to accept information that you disagree with or to be forced to accept a crime that you do not commit.
7. Special legal assistance must be provided to disabilities and vulnerable members of Kiribati society.
8. You cannot stand two times before the courts for the same crime.

Part 12: Account Unit in the Judiciary

The Account Unit opens from 9am to 4pm

The tasks of the Account Unit are explained in Part 3 above.

Claims are processed for payment at Bairiki in the Ministry of Finance. Payment is done by the Ministry of Finance, not by the Judiciary Betio.

Ex-Gratia Allowances

This kind of allowance is available to Lay Magistrates only on the outer islands who served as Lay Magistrates for a long time and have retired from work. What is required to process a claim are: -

1. Claim Letter
2. Appointment Warrant
3. Cease of work document or Resignation Letter or Death Certificate.

For late Lay Magistrates, ex-gratia is only payable to the spouse of the Lay Magistrate. If both the Lay Magistrate and the spouse are both deceased, the ex-gratia may be claimed by the issues subject to the court’s judgment on the deceased monies.