The Judicial Services Commission met yesterday to map contingency plans and firm up its position as courtroom challenges over the appointments of the acting and former Fiji Independent Commission Against Corruption (FICAC) commissioners work their way through the courts. Chief Justice and JSC chair Salesi Temo said the commission will hold off on any final recommendations until judges have ruled, and that it is preparing for multiple possible outcomes.
“Our recommendation to His Excellency on (Lavi) Rokoika is still on hold, until we consider what the Court of Appeal will say in (Barbara) Malimali’s case, and Justice Bull makes a ruling,” Mr Temo told reporters after the meeting. He stressed the commission will be guided by the courts and that flexibility is required because the legal process may include further appeals. “But I have a plan in my head right now to tackle whatever situation that arises,” he added.
The JSC’s meeting was convened specifically to assess scenarios arising from the pending Court of Appeal hearing in Ms Malimali’s challenge and from separate proceedings before Justice Bull. The outcome of those cases could directly affect the legality or standing of current appointments at FICAC, and therefore influence whether the commission proceeds with a recommendation on Lavi Rokoika — who is at the centre of the current appointments dispute.
While the commission signalled its openness to dialogue between the parties involved, attendance at the JSC meeting was limited. Only Tanya Waqanika, lawyer for Barbara Malimali, was present. Lawyers for Prime Minister Sitiveni Rabuka, including Simione Valenitabua, and representatives from the Attorney-General’s Office were invited but did not attend, the JSC said.
The JSC’s cautious stance marks the latest development in a dispute that has repeatedly been delayed by litigation. By explicitly linking its advice to the outcome of the Court of Appeal and Justice Bull’s forthcoming decision, the commission is effectively pausing any formal recommendation to the President — referred to in remarks as “His Excellency” — until the judiciary clarifies the legal landscape. That posture underscores the separation of responsibilities between the judiciary adjudicating legal challenges and the JSC’s role in advising on judicial and related public service appointments.
The meeting comes amid heightened public and political interest in FICAC leadership after a series of contested appointments. The JSC’s statement that it has contingency plans but will defer to court rulings signals an intent to avoid making binding administrative moves that could be undone if higher courts find procedural or legal irregularities in the appointments process. The commission also noted it remains open to engagement with the parties despite the matters being litigated. Further hearings in the Court of Appeal and the decision from Justice Bull are now the pivotal next steps for resolving the impasse.
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