Fiji JSC seeks to overturn COI findings on FICAC appointment

The Judicial Services Commission (JSC) has embarked on a legal initiative to challenge the findings and recommendations made by the Commission of Inquiry (COI) regarding the appointment of Barbara Malimali as Commissioner of the Fiji Independent Commission Against Corruption (FICAC). On Wednesday, the JSC submitted an application for judicial review to the High Court, aiming to annul the COI Report’s determinations, believing them to be inconsistent with presented evidence.

Isireli Fa, the principal lawyer from FA & Company representing the JSC, asserts that the COI’s interpretations of specific provisions under the FICAC Act 2007 and the 2013 Constitution of Fiji were flawed. Fa argues these interpretations could lead to a constitutional crisis if not addressed promptly. The JSC contends that the COI’s conclusions interfere with its constitutional duties, particularly its advisory role to the President on appointments such as the FICAC Commissioner, thus posing a threat to Fiji’s governance structure.

There is a growing concern that the COI Report has been utilized detrimentally against JSC members, which Isireli Fa deems as baseless, emphasizing that the evidence before the COI should not hastily be used in court proceedings. The JSC warns against the politicization of the report, advising any continued actions might result in legal counteraction.

This move by the JSC is part of the broader discourse on governance and judicial independence in Fiji. Similar to previous instances, such as when the COI’s interpretations were criticized for potentially undermining the JSC’s authority, the current proceedings emphasize the need for clarity within Fiji’s legal and constitutional frameworks. The situation highlights the complexities and challenges of separating powers within government entities, especially those overseeing significant appointments.

As the case progresses, it acts as an opportunity to address existing ambiguities in the governance structure to bolster institutional integrity and maintain public trust. By confronting these issues head-on, the hope is for reforms that will reinforce transparency and accountability, ultimately strengthening Fiji’s democratic principles.