The Judicial Services Commission (JSC) has initiated a judicial review against the findings and recommendations of the Commission of Inquiry (COI) regarding the appointment of the Fiji Independent Commission Against Corruption (FICAC) Commissioner. FA & Company, the legal firm representing the JSC, criticized the COI’s conclusions as “perverse” and accused it of misinterpreting specific legal provisions, namely Section 82 of the 2013 Constitution and Section 5(1) of the FICAC Act of 2007. The JSC contends that these interpretations undermine its constitutional role and warns of a potential constitutional crisis in Fiji if these issues aren’t addressed.
The application for judicial review, aimed at invalidating the COI’s findings, was filed on September 17, 2025. It requests an Order of Certiorari to officially annul the COI’s conclusions and seeks various declarations. Furthermore, the JSC has expressed concern over the public dissemination of the COI report, arguing that its findings have been improperly used against JSC officers. According to Principal Lawyer Isireli Fa, the criticisms lack merit and will be contested in court.
FA & Company has also advised individuals politicizing the COI report that the JSC could initiate legal action should the attacks continue. Notices to the relevant parties are expected to be served soon.
This move by the JSC represents the latest development in a broader debate surrounding the COI’s findings on the FICAC Commissioner’s appointment process and the constitutional interpretation of the JSC’s role. The COI’s investigation has sparked significant controversy, including discussions about judicial independence and the delicate balance between governance accountability and political influence.
The situation has highlighted the need for clarity within Fiji’s legal and constitutional frameworks, particularly about the roles and powers of various bodies involved in high-profile appointments. As Fiji navigates these complex legal and political waters, there is an opportunity for significant reform that could strengthen governance, promote transparency, and uphold the independence of the judiciary. The ongoing legal challenges and public discourse stress the importance of maintaining public trust in governance structures while seeking improvements that align with democratic principles.
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