The Suva High Court has examined the legal challenge brought forth by former Fiji Independent Commission Against Corruption (FICAC) Commissioner Barbara Malimali, asserting that Prime Minister Sitiveni Rabuka lacked the authority to advise President Ratu Naiqama Lalabalavu in revoking her appointment. This statement was made in court by Tanya Waqanika, Malimali’s lawyer, during the judicial review hearing presided over by Justice Dane Tuiqereqere.
Malimali’s suspension was initially announced by Prime Minister Rabuka, who later confirmed her dismissal by the President following his recommendation. The court was presented with Malimali’s argument that the President does not hold constitutional authority to dismiss her based solely on the Prime Minister’s advice, emphasizing that such decisions fall under the purview of the Judicial Services Commission (JSC).
In the context of these proceedings, the State’s defense claimed that a state of “constitutional paralysis” within the JSC justified the Prime Minister’s intervention. They argued that the JSC had become inoperative and, under exceptional circumstances, the Prime Minister acted within his rights. However, Justice Tuiqereqere indicated that the constitution and the FICAC Act do not grant the Prime Minister the power to bypass the JSC in matters of appointment and revocation.
The broader implications of Malimali’s dismissal raise crucial questions about governance and accountability in Fiji. Her initial appointment as FICAC Commissioner in September 2024 has been shrouded in controversy, linked to allegations from her past role as chair of the Electoral Commission amidst a politically charged environment involving Deputy Prime Minister Biman Prasad.
Legal experts and observers have underlined that this case signifies an important moment for Fiji, potentially leading to discussions focused on enhancing institutional integrity and accountability within the country. There is a growing sense of optimism that the outcomes of the judicial review may propel necessary reforms, fostering a governance framework that promotes greater transparency and public trust.
As the legal situation evolves, many anticipate that it will not only clarify the roles and responsibilities within Fiji’s governance system but also pave the way for a more accountable and transparent political landscape. Further developments are expected when the court reconvenes for another session.
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