The Suva High Court is poised to announce its ruling this afternoon regarding the judicial review involving former FICAC Commissioner Barbara Malimali. The decision is anticipated to provide essential insights into the scope of presidential authority and the procedures that must be adhered to when appointing or dismissing key officials in the fight against corruption.
During the hearing held last year, counsel for Malimali, Tanya Waqanika, argued that Prime Minister Sitiveni Rabuka failed to follow due process when revoking her client’s employment. Waqanika claimed that former Commissioner Malimali was denied natural justice when the Prime Minister advised President Ratu Naiqama Lalabalavu to terminate her appointment.
Waqanika further asserted that the Commission of Inquiry report should have been submitted to the Judicial Services Commission, which would have convened a tribunal to evaluate and recommend the status of the former FICAC Commissioner to the President. She emphasized that the grounds for removing a FICAC Commissioner should be limited to inability to perform duties or misconduct, suggesting that Malimali’s removal mirrored the processes applied to judges.
In her oral submissions, Waqanika maintained that Malimali continues to hold the lawful position of FICAC Commissioner, as the processes outlined in the constitution were not adequately followed in her case. The ruling from the Suva High Court is highly anticipated, as it could set a precedent for future cases involving the appointment and removal of significant anti-corruption officials in Fiji.
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