The Judicial Services Commission (JSC) has announced plans to consult relevant stakeholders following a High Court decision that invalidated the revocation of Barbara Malimali’s position as Commissioner of the Fiji Independent Commission Against Corruption (FICAC). This follows a ruling by Justice Dane Tuiqereqere, who determined that the recommendation from the Prime Minister and the subsequent action by the President on June 2, 2025, to remove Ms. Malimali from her role were unlawful and beyond their authority.
Despite the ruling, the court did not reinstate Ms. Malimali as Commissioner, asserting that the decision now lies within the constitutional powers of the JSC. Additionally, the judge refrained from granting Ms. Malimali any damages for lost income, indicating that her financial compensation would depend on the JSC’s forthcoming decisions regarding her role since the revocation date.
During its recent meeting, the JSC decided to invite Ms. Malimali, her legal representatives, the Solicitor-General representing the State, and the lawyers representing the Prime Minister to share their perspectives on complying with the court’s orders. Following these consultations, the Commission plans to collaborate with the Acting Attorney-General to provide independent recommendations to the President based on the court’s ruling.
The JSC is dedicated to resolving the complexities surrounding Ms. Malimali’s appointment as FICAC Commissioner expediently, with a target completion date of March 31, 2026. This commitment emphasizes the importance of timely justice and adherence to the legal framework in Fiji, potentially leading to a more robust governance structure. The statement regarding this matter was released by Tomasi Bainivalu, Secretary to the JSC.
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