Lawyer Tanya Waqanika has confirmed that Prime Minister Sitiveni Rabuka is launching an appeal against a recent High Court ruling that declared the removal of Barbara Malimali as Commissioner of the Fiji Independent Commission Against Corruption (FICAC) unlawful. The reversal marks a change in position for the Prime Minister, who had earlier indicated the Government would not challenge the court’s decision.
Malimali was removed from office after Rabuka advised President Ratu Naiqama Lalabalavu to terminate her appointment, following findings from a Commission of Inquiry into her selection as FICAC commissioner. The Suva High Court subsequently found that the process leading to her removal was unlawful. While the court sided with Malimali on the legality of her dismissal, earlier reporting noted the judge stopped short of ordering her reinstatement and left potential remedies — including any tribunal or disciplinary action — to the Judicial Services Commission (JSC).
The Government’s earlier stance not to appeal was publicly announced after consultations with legal advisers and the President. That decision was framed at the time as respect for the Judiciary’s independent adjudication and the separation of powers. In the days following the High Court ruling, Rabuka had been reported to be weighing his options, including whether to resign, and had requested time to consult with Cabinet and legal officers before making a final decision. Officials had also noted the Prime Minister had a statutory window — previously reported as up to 41 days — in which to lodge an appeal.
Waqanika, who represented Malimali during the judicial review, confirmed the appeal but has not publicly detailed its grounds or the timing of any filing. It is not yet clear whether the Government will seek a stay of the High Court’s decision while the appeal proceeds, or whether it will pursue specific legal arguments attacking the court’s interpretation of procedure surrounding appointments and removals of constitutionally established office-holders.
The move to appeal is likely to prolong legal uncertainty around the FICAC leadership and to re-open public and institutional debate about due process in the appointment and dismissal of key anti-corruption officials. Earlier coverage highlighted concerns from legal counsel for Malimali that procedural safeguards, including referral of the Commission of Inquiry findings to the JSC for consideration of a tribunal, were not observed — arguments that were central to the High Court’s finding.
As the matter advances to the appellate courts, attention will remain on whether the appeal prompts further political fallout for the Rabuka administration and how the JSC responds to the High Court’s determination. No date has been announced for the filing of the appeal or the next court hearing; further updates are expected once procedural steps are formally recorded.
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