Lawyer Tanya Waqanika, representing former FICAC Commissioner Barbara Malimali, has addressed the legal implications of a recent High Court ruling, advocating for urgent corrective measures from the authorities. In a detailed social media statement, Waqanika called for the Judicial Services Commission (JSC) to instruct the Acting FICAC Commissioner to vacate her position. She warned that failing to do so could render the Acting Commissioner a trespasser in law.
Waqanika asserted that any actions, decisions, or charges made by the Acting Commissioner should be deemed unlawful, emphasizing the questionable legitimacy of her appointment, which Waqanika described as ultra vires. She contended that advising the President on this matter would be irrelevant and void if the original appointment was determined to be illegal.
Addressing allegations against Malimali, Waqanika insisted that proper legal processes must be adhered to should any genuine concerns exist, urging the JSC to convene a tribunal if necessary. She referenced a specific paragraph from the High Court ruling, which restricts presidential authority to actions based on proper constitutional advice.
Waqanika’s remarks reflect a push for the immediate reversal of actions taken post-termination and a return to processes that align with constitutional standards. The JSC is currently convening at the Judiciary complex as scrutiny continues over the court’s decision and the events that followed. This situation highlights the importance of accountability within legal frameworks and the ongoing commitment to uphold the rule of law.
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