Counsel for the respondents argue that Prime Minister Sitiveni Rabuka acted within his constitutional rights in recommending the dismissal of former Fiji Independent Commission Against Corruption (FICAC) Commissioner Barbara Malimali, in line with a Commission of Inquiry’s recommendations. This assertion was presented by Senior Lawyer Simone Seruvatu, representing the Prime Minister, and Deputy State-Solicitor Eliesa Tuiloma, who represented the President and Attorney-General during a judicial review hearing before Justice Dane Tuiqereqere.
Conversely, Malimali’s attorney, Tanya Waqanika, contests that the necessary procedures for her client’s termination were not properly followed. Malimali was suspended on May 29, 2025, and later formally dismissed by the President following Rabuka’s advice, prompting her to file a judicial review questioning the legality of the decision. The President, the Prime Minister, and the Attorney-General have been named as respondents in her case.
The controversy over Malimali’s removal has ignited discussions regarding the extent of presidential powers and the independence of Fiji’s anti-corruption body. Appointed as FICAC Commissioner on September 5, 2024, Malimali’s brief tenure has been marred by scrutiny regarding her initial appointment and allegations linked to her previous role as chair of the Electoral Commission.
Legal experts have noted that the implications of this case extend beyond Malimali herself, reflecting broader issues of governance and accountability in Fiji. Observers are hopeful that the outcomes of this legal challenge will lead to necessary reforms aimed at enhancing institutional integrity and transparency within the political landscape.
As the court prepares to deliver its judgment on January 23, the resolution of this legal matter could pave the way for vital discussions on governance and the mechanisms necessary to ensure accountability within Fiji’s political framework. The anticipation surrounding the ruling underscores a collective aspiration for a more just and transparent system in the country, fostering greater public trust in governmental actions and institutions.
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