The Suva High Court has declared the dismissal of former Commissioner Barbara Malimali from the Fiji Independent Commission Against Corruption (FICAC) as unlawful. The ruling confirmed that the Prime Minister lacked the constitutional authority to recommend to the President the revocation of her appointment.
Justice Dane Tuiqereqere delivered the judgment, supporting Ms. Malimali’s judicial review challenging her removal, which occurred on June 2, 2025. Her termination was enacted following a Commission of Inquiry into her appointment, based on advice from Prime Minister Sitiveni Rabuka.
In her legal arguments, counsel Tanya Waqanika asserted that according to the 2013 Constitution and the FICAC Act, only the Judicial Services Commission (JSC) has the jurisdiction to advise the President regarding the appointment, suspension, or removal of a FICAC Commissioner. The State, on the other hand, contended that the Prime Minister’s actions were driven by “constitutional necessity,” claiming that the JSC was effectively incapacitated at the time the decision was made.
Ms. Malimali has sought the Court’s intervention to nullify the decision that revoked her appointment, to have her reinstated, and to obtain compensation for lost income and reputational harm. Further decisions regarding remedies are expected to follow.
This ruling underscores the importance of adhering to constitutional protocols in governance, highlighting the need for proper channels to be followed in matters concerning public officials. The outcome not only reinstates Ms. Malimali’s position but also reinforces accountability within the government structure. Observers remain hopeful that this decision will promote a more transparent and principled approach to public service appointments and removals in the future.
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