Salesi Temo, chair of the Judicial Services Commission, has defended the appointment of Barbara Malimali as the new Commissioner of the Fiji Independent Commission Against Corruption (FICAC), asserting that the process was conducted properly. In a statement on Friday, Temo referenced Section 5(1) of the FICAC Act 2007, which stipulates that the commissioner must be appointed by the President based on the JSC’s recommendation and following discussions with the Attorney General.
The commissioner position had been vacant since Rashmi Aslam’s resignation on August 30, 2023. In the interim, the JSC appointed Ms. Pulewai, a former FICAC prosecutor, on November 16, 2023, to lead the organization until a new commissioner was appointed.
According to Temo, the JSC advertised the commissioner position on June 15 and re-advertised it on July 13, receiving eight additional applications and shortlisting six candidates. The selection panel, which included Temo, Acting Permanent Secretary of Justice Ropate Green, and Acting Chief Magistrate Josaia Waqaivolavola, interviewed the six candidates on August 20 and 21. They posed 11 questions that assessed the candidates’ leadership abilities, problem-solving skills, and knowledge of criminal law, among others.
Ms. Malimali earned the highest score of 141 out of a possible 165, surpassing the next closest candidate by ten points. Following a recommendation from the panel, the JSC consulted and endorsed her appointment on August 28, with final approval from the Attorney General on September 2. Ms. Malimali officially took on her role on September 5.
However, on the same day of her appointment, reports emerged that Ms. Pulewai had ordered Malimali’s arrest and detention at FICAC headquarters. Temo highlighted that such actions potentially violated Sections 7(1) and 10(1) of the FICAC Act, stating that the Deputy Commissioner cannot exercise the powers of the commissioner while she is present at FICAC headquarters, and that no officer can arrest a suspect without a warrant or the commissioner’s authority.
During a subsequent meeting on September 5, Ms. Pulewai agreed to resign from her position. The JSC is now awaiting confirmation of this resignation from the President. Temo also addressed allegations of abuse of office against Ms. Malimali, stating that the JSC will allow the legal process to take its course. He noted that the fact that Ms. Pulewai, a candidate who did not secure the commissioner position, orchestrated the arrest raises doubts about the legitimacy of the allegations.