The Judicial Services Commission (JSC) is making significant progress towards a ruling on the contentious case concerning the removal of former Fiji Independent Commission Against Corruption (FICAC) commissioner Barbara Malimali. This development follows a meeting held in the High Court as per the order issued in case HBJ 05 of 2025 by Justice Dane Tuiqeregere.
Participating in the recent meeting were JSC members, Barbara Malimali herself, her attorney Tanya Waqanika, and Simione Valenitabua, representing the Prime Minister. The parties are expected to reconvene on March 25, prior to the issuance of a final decision.
After the meeting, Ms. Malimali expressed her satisfaction, stating, “It was very good.” Meanwhile, JSC Secretary Tomasi Bainivalu emphasized that the session was dedicated to gathering perspectives from all involved parties as directed by the High Court. He assured that the commission is committed to making decisions grounded in independence and legality.
The JSC has confirmed that a ruling will be forthcoming on or before March 31. At the heart of this case is the High Court’s previous decision that deemed Ms. Malimali’s removal from her position as FICAC commissioner unlawful. The court determined that the Prime Minister lacked the constitutional authority to recommend to the President the revocation of her appointment. This highlights the constitutional mandate that allocates the JSC with the exclusive power to advise the President on matters concerning the appointment, suspension, or removal of a FICAC commissioner.
This ruling came about following Ms. Malimali’s legal challenge against her dismissal in June 2025, which stemmed from a Commission of Inquiry into her appointment. It underscores the importance of legal processes and the safeguarding of institutional integrity in Fiji’s governance. As the JSC continues its deliberations, many look forward to a resolution that upholds justice and reinforces the rule of law.
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