Salesi Temo, chair of the Judicial Services Commission (JSC), stated that there was no impropriety in the appointment of Barbara Malimali as the new commissioner of the Fiji Independent Commission Against Corruption (FICAC). Temo made this assertion in a statement released on Friday, referencing Section 5(1) of the FICAC Act 2007, which mandates that the commissioner be appointed by the President based on JSC’s recommendation after consulting the Attorney General.
He noted that the commissioner’s position had been vacant since Rashmi Aslam’s resignation on August 30, 2023. The JSC appointed Ms. Pulewai, a former FICAC prosecutor currently working in Nauru, as the interim head of FICAC on November 16, 2023, while awaiting the official commissioner appointment.
The JSC published an advertisement for the commissioner’s role on June 15, which was re-advertised on July 13, leading to eight additional applications, six of which were shortlisted. A panel, including Temo, Acting Permanent Secretary of Justice Ropate Green, and Acting Chief Magistrate Josaia Waqaivolavola, conducted interviews with the six candidates on August 20 and 21, asking 11 questions to assess their leadership, problem-solving abilities, management skills, and knowledge of criminal law.
Out of a possible score of 165, Malimali achieved the highest score of 141 points, surpassing the next candidate who scored 131. On August 28, the panel recommended her appointment to the JSC, which concurred with their decision. The Attorney General was consulted on September 2, and on September 4, the JSC recommended her appointment to the President, who officially appointed Malimali on September 5.
Temo further stated that on the same day, they received information that Ms. Pulewai had ordered Malimali’s arrest and detention at FICAC headquarters. The JSC convened a meeting at 2:30 PM on September 5 to address potential violations of Sections 7(1) and 10(1) of the FICAC Act. Temo emphasized that the Deputy Commissioner cannot exert the powers of the commissioner while physically present at the headquarters, and no FICAC officer is authorized to arrest a suspect without a warrant or the commissioner’s approval.
During the meeting, it was brought to Ms. Pulewai’s attention, and she agreed to resign from FICAC immediately on September 5, a move that the JSC accepted and is now awaiting formal endorsement. Regarding accusations of office abuse against Malimali, Temo stated they would allow legal processes to unfold.
The Acting Chief Justice highlighted that the allegations against Malimali, allegedly instigated by Pulewai—who was an unsuccessful candidate for the role—call the claims into question.