The Fijian Government is set to amend the Fiji Independent Commission Against Corruption (FICAC) Act, a move aimed at reshaping the appointment authority for key positions within the commission. This decision follows a court ruling from Justice Dane Tuiqereqere, which found the dismissal of Barbara Malimali as FICAC Commissioner to be unlawful.
In the 41-page ruling, the Prime Minister Sitiveni Ligamamada Rabuka outlined in a letter to the President, dated May 2025, that the government would prioritize legislative changes to replace the Judicial Services Commission with the Constitutional Officers Commission as the authority responsible for appointing the FICAC Commissioner and Deputy Commissioner.
The Prime Minister advised that Malimali should be suspended immediately, with her complaints referred to the Fiji Police Force for investigation. Furthermore, he suggested that either Eliesa Tuiloma or Lavenia Rokotika should be appointed as the interim Commissioner.
These developments stem from actions taken following a Commission of Inquiry report, which included a number of referrals to the Fiji Police Force for further investigation and affected senior officials within FICAC. The High Court has now allowed a judicial review concerning elements of the Commission of Inquiry along with the subsequent actions that followed.
Rabuka confirmed that the government intends to appeal the High Court’s decision and will respond through appropriate legal avenues. He expressed optimism, noting that the ongoing proceedings illustrate a robust democracy in Fiji, highlighting the importance of separation of powers and institutional independence amidst the rule of law. This commitment to legal integrity and institutional accountability bodes well for the future of governance in Fiji, signaling a proactive approach to overcoming challenges within the country’s anti-corruption framework.
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