Certain provisions of the Fiji Independent Commission Against Corruption (FICAC) Act have been found invalid and in contradiction with the 2013 Constitution, according to a recent Commission of Inquiry (COI) report addressing the appointment of former commissioner Barbara Malimali. The COI has called for a review of the FICAC Act to better streamline its powers, focusing specifically on corruption offenses while ensuring necessary oversight without compromising the agency’s independence.
The inquiry also highlighted concerns regarding FICAC’s use as a political tool, either to protect allies or target opponents. It noted that FICAC, having both investigative and prosecutorial powers, has been affected by the prevailing attitudes established by the prior FijiFirst regime, which continue to influence the new Coalition Government.
Recommendations from the COI include significant changes to the appointment process for the FICAC Commissioner and Deputy Commissioner. Specifically, the report argues that the Judicial Services Commission (JSC) lacks the constitutional authority to conduct such appointments, as the Constitution mandates that the President act on the advice of Cabinet or another body designated by the Constitution. The report indicates that the current legislative framework undermines constitutional stipulations regarding these appointments.
Moreover, the COI’s findings regarding Malimali’s appointment reiterate previous concerns raised about the legitimacy of her role within FICAC, and the overall structure governing appointments continues to raise alarms about political interference in independent bodies. Legal experts have emphasized the need for clearer regulations to reinforce the integrity of FICAC and maintain public trust.
These unfolding events offer an opportunity for transformative reform within Fiji’s governance system. The broader public and legal community are increasingly advocating for clarity and accountability in governmental processes. If these issues are adequately addressed, Fiji might experience an improved framework that champions integrity and transparency in its institutions, thus enhancing public confidence in the fight against corruption and the efficacy of governance overall.
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