The Chair of the Judicial Services Commission (JSC) and Acting Chief Justice Salesi Temo has justified the appointment of Barbara Malimali as Commissioner of the Fiji Independent Commission Against Corruption (FICAC). Mr. Temo emphasized the importance of allowing the law to take its course. Currently, Ms. Malimali is under investigation by FICAC for alleged abuse of office during her time as chairperson of the Electoral Commission.
“At this moment, she has not been charged, and like any citizen in the country, she is presumed innocent until proven guilty,” stated Mr. Temo. He also raised concerns about the circumstances surrounding Ms. Malimali’s arrest and detention, noting that it was conducted by Francis Puleiwai, who had previously sought the Commissioner role and did not succeed, which raises questions about the motives behind the allegations.
Mr. Temo pointed out that the position of Commissioner had been vacant since Rashmi Aslam’s resignation on August 30, 2023. He disclosed that the JSC, after interviewing Puleiwai—a former FICAC prosecutor who was then in Nauru—recommended her appointment as Acting Deputy Commissioner on November 8, 2023, after consulting with the Attorney-General.
The Commissioner’s position was publicly advertised on June 15, 2024, attracting fifteen applications. However, the JSC decided to re-advertise the role to find a more qualified candidate experienced in litigation law. After re-advertising on July 13, 2024, the JSC received eight additional applications and shortlisted six candidates.
A panel, including Acting Chief Justice Salesi Temo, Acting Permanent Secretary of Justice/Solicitor-General Ropate Green, and Acting Chief Magistrate Josaia Waqaivolavola, conducted interviews with the six shortlisted candidates on August 20 and 21, 2024. Mr. Temo noted that the Attorney-General Graham Leung was consulted on September 2, and by September 4, the JSC recommended Ms. Malimali for the position to President Ratu Wiliame Katonivere.