Fiji High Court tightens timetable in Malimali dismissal challenge as opposition filings loom
The Suva High Court has firmed up the timetable in the judicial review brought by Barbara Malimali, the former Fiji Independent Commission Against Corruption (FICAC) commissioner, who is challenging the legality of her dismissal.
Justice Dane Tuiqereqere has allowed the State to file its affidavit in opposition by September 19, with Malimali free to reply by October 3 if she chooses. The hearing is scheduled to begin on October 27. In a separate procedural note, the court also ordered the State to settle an outstanding costs bill of 1,500 dollars to Malimali by the end of business this Friday. Malimali’s team has been directed to file submissions by October 17, while the State’s submissions are due by October 20.
Malimali was suspended on May 29 and subsequently dismissed by the President on June 2, acting on advice from the Prime Minister. She had previously obtained leave to pursue judicial review of the decision, arguing that the constitutional framework assigns advisory power on such matters to the Judicial Services Commission, not the Prime Minister. The case also intertwines with the findings of a Commission of Inquiry related to Malimali’s appointment, which has been central to ongoing questions about the governance and integrity of Fiji’s anti-corruption body.
The court’s current timetable comes amid broader discussions about the authority behind senior public-office dismissals, due process, and the checks and balances that govern Fiji’s governance framework. legal representatives for Malimali have highlighted concerns that procedural fairness may not have been fully observed in the dismissal process, while the State maintains that due process was followed.
What this means going forward is that the case will test whether the Prime Minister could effectively act in a representation role for the Judicial Services Commission in exceptional circumstances, and what this portends for the independence of FICAC and the broader apparatus of accountability in Fiji. The outcome could influence future reforms aimed at strengthening transparency, constitutional compliance, and public trust in government institutions.
Commentary and context: The proceedings are watched closely for potential implications on how governance and anti-corruption bodies operate in Fiji. A ruling favoring Malimali could reinforce the primacy of due process and the JSC’s constitutional role in advising the President on such matters, potentially shaping future governance practices and reforms.
The case remains ongoing, with key filings due in late September and October and a hearing set for late October. The next steps will illuminate the boundaries of presidential and prime ministerial authority in high-level dismissals and the future of Fiji’s governance and anti-corruption framework.
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