The High Court has asserted that the Judicial Services Commission (JSC) is not obligated to act upon or conform to the findings and recommendations of a Commission of Inquiry (COI), affirming the Commission’s role as independent under the constitution.
In a recent judgment that deemed the termination of Barbara Malimali from her position as Commissioner of the Fiji Independent Commission Against Corruption (FICAC) unlawful, Justice Dane Tuiqereqere emphasized that only the JSC has the authority to advise the President regarding the appointment or removal of the FICAC commissioner.
“JSC is not required to action or comply with the findings and recommendations of COI,” stated Justice Tuiqereqere. He underscored that while the work of the COI may be taken into account, the JSC is mandated to conduct its own independent evaluation of the evidence and conclusions before determining any necessary actions.
The Justice further clarified that if the JSC contemplates revoking, terminating, or removing a commissioner, it must adhere to proper constitutional and contractual processes, as outlined in Section 112 of the Constitution, which pertains to the removal of judges. This section necessitates the formation of a tribunal to investigate any allegations of misconduct and to report back to the President with recommendations.
Justice Tuiqereqere highlighted the importance of these procedural safeguards in maintaining institutional independence and upholding the rule of law. This ruling marks a significant reaffirmation of the JSC’s independent constitutional authority, adding a layer of protection for the legal process in Fiji.
This decision is likely to foster confidence in the integrity of the judicial system and ensure that any actions taken regarding judicial appointments are grounded in legal and procedural rigor, ultimately reinforcing democratic governance.
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