Lawyer Tanya Waqanika has emphasized that constitutional remedies exist should the ongoing dispute between the President and the Judicial Services Commission (JSC) regarding the leadership of the Fiji Independent Commission Against Corruption (FICAC) remain unresolved. Waqanika highlighted the provisions within the Constitution that allow for the President to be brought before a tribunal if he does not adhere to the law.
“I honour his position and his role, but I only fear God,” Waqanika stated in a public declaration that carried a sense of urgency. Her remarks came amidst growing uncertainty over FICAC’s leadership, following a recent ruling from the High Court by Justice Dane Tuiqereqere. The court ruled that the dismissal of former Commissioner Barbara Malimali was unlawful, asserting that the President must follow the JSC’s advice regarding appointments and removals.
The court has sent the matter back to the JSC to determine the future status of Acting Commissioner Lavi Rokoika. Aca Rayawa, the former Director of Public Prosecutions, has also expressed his views, arguing that courts should refrain from accepting any documents from FICAC if there are lingering legal concerns about the legitimacy of the Acting Commissioner’s appointment. In a Facebook post, he suggested that the Chief Justice may need to issue a directive to court registries against accepting charges filed by FICAC in light of the court’s ruling.
As the situation unfolds, the JSC is anticipated to reconvene on March 25, tasked with reaching a final decision on Ms. Malimali’s status before the end of March. Additionally, FICAC has submitted a recommendation regarding Ms. Rokoika’s position to Ratu Naiqama Lalabalavu, who has yet to take action.
The developments indicate a critical juncture for FICAC’s operations, with potential implications for its future governance and integrity. The situation underscores the importance of judicial and constitutional processes in maintaining accountability and ethical standards in public service.
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