The Judicial Services Commission (JSC) has put any decision on the status of Acting Anti‑Corruption Commissioner Lavi Rokoika on hold because the matter is now before the High Court, Chief Justice Salesi Temo said yesterday, in the latest development in a year‑long legal and governance dispute over leadership at Fiji’s anti‑corruption agency.
Temo told reporters the commission’s hands are effectively tied while two separate legal challenges to Rokoika’s appointment — brought by former deputy prime ministers Biman Prasad and Manoa Kamikamica — are being heard in the High Court. “That issue is alive in Justice (Siainiu Fa’alogo) Bull’s court,” the Chief Justice said, underlining that the question of legality now falls solely within the judiciary’s remit. “This situation reflects the practical application of the rule of law as enshrined in Fiji’s Constitution,” he added.
A ruling is expected on May 6, according to Temo, although related decisions in the Prasad and Kamikamica cases could be delivered earlier, on April 24 or May 1. He warned that even after a High Court determination, the process may not be concluded quickly: Ms Rokoika could seek leave to appeal, taking the matter to the Court of Appeal and further delaying a final outcome. The JSC’s previously stated aim of resolving the issue by the end of this month, Temo said, “is no longer within our control.”
Temo made clear that if the High Court declares Rokoika’s appointment unlawful, the JSC will act on the basis of that judgment. “We’ll have to take that into account and then make our decision accordingly, in whatever recommendation we give to His Excellency the President (Ratu Naiqama Lalabalavu),” he said, noting the commission cannot pre‑empt the court’s findings or predict their effect before they are handed down.
The status update comes amid sustained controversy over the appointment process for the acting FICAC commissioner. Prior reporting and legal challenges have centered on whether the appointment followed statutory procedures and on earlier leadership decisions at the Fiji Independent Commission Against Corruption, including the 2025 court finding that the dismissal of former commissioner Barbara Malimali was unlawful. The Law Society and other stakeholders have previously called for adherence to the JSC process and for the President to follow the commission’s recommendations.
With the High Court timetable now set, the immediate next step is the delivery of the judge’s decision. If that ruling upholds the challenges, the JSC will be expected to consider the court’s legal findings and recommend a course of action to President Ratu Naiqama Lalabalavu. If the High Court upholds the appointment, the matter could still be reopened by an appeal, prolonging uncertainty over leadership at the country’s principal anti‑corruption watchdog.
Chief Justice Temo emphasised that the current pause in JSC activity is not an abdication but a constitutional necessity: only the courts can resolve disputes about the legality of public appointments while litigation is active. The coming High Court ruling — and any subsequent appeals — will determine whether the commission can resume its internal process or must act to rectify an unlawful appointment.
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