FICAC Fallout: Is Malimali’s Chair Position in Jeopardy?

The situation surrounding the FICAC continues to raise questions, particularly regarding whether the newly appointed commissioner has stepped down from her role as chair of the Electoral Commission of Fiji.

The Judicial Services Commission, responsible for appointing the FICAC commissioner, released a statement clarifying the processes involved in her appointment, but did not provide any information about her current status with the ECF.

Earlier, Prime Minister Sitiveni Rabuka expressed uncertainty over whether Ms. Malimali had resigned from the ECF, stating, “Not that I know of.” He further shared that he had consulted the Attorney-General that morning to seek clarification, emphasizing that she cannot hold both positions simultaneously. Mr. Rabuka serves as the chairman of the Constitutional Offices Commission, which oversees the appointment of the ECF members.

Regarding Ms. Malimali’s appointment as the FICAC commissioner, Mr. Rabuka refrained from making comments, noting that he was not involved in the selection process. “My views are irrelevant because the appointment goes straight from the Judicial Service Commission to the President,” he said.

Opposition leader Inia Seruiratu criticized the apparent lack of coordination among government agencies and questioned the legality of holding two positions simultaneously. He mentioned the need for proper resignation procedures, stating, “If you are resigning, then you must give your notice.” However, he admitted that he had not addressed the issue with the Prime Minister directly, reminding that it was the PM’s responsibility to provide leadership.

Mr. Rabuka mentioned he has requested clarity from Attorney-General Graham Leung regarding Ms. Malimali’s resignation from the ECF.

Ms. Malimali has not been available for comment, but a statement from FICAC confirmed that her three-year appointment as commissioner took effect on September 5. The statement also noted her commitment to fulfill her duties despite the ongoing uncertainties. While it acknowledged her role as chairperson of the ECF, it did not specify when she resigned from that position.

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