Barbara Malimali, the former Commissioner of the Fiji Independent Commission Against Corruption (FICAC), emerged victorious in her legal battle this morning. The court ruling favored Malimali, who had contended that her removal was unlawful and that Prime Minister Sitiveni Rabuka lacked the legal authority to recommend her dismissal to the President.
Malimali’s case centered around claims that she was denied natural justice in responding to the Commission of Inquiry report concerning her appointment. Justice Dane Tuiqereqere presided over the case and determined that the Prime Minister was indeed not empowered to advise the President on her removal, stating that such authority lies exclusively with the Judicial Services Commission (JSC).
While Justice Tuiqereqere refrained from commenting on potential next steps, he emphasized that the JSC would have the sole responsibility in deciding Malimali’s future, including whether she should be reinstated.
This ruling marks a significant moment for accountability and due process within Fiji’s governance, as it reaffirms the legal frameworks designed to protect officials from arbitrary dismissal. Further developments are anticipated as the situation unfolds.
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