The Judicial Services Commission (JSC) has announced that Francis Puleiwai, the Deputy Commissioner of the Fiji Independent Commission Against Corruption (FICAC), has agreed to resign immediately after being found to have violated certain sections of the FICAC Act 2007. The Commission has accepted this resignation and is now seeking the approval of Fiji’s President.
Justice Salesi Temo, the Acting Chief Justice and Chairperson of the JSC, indicated that in relation to allegations of office abuse against Malimali by FICAC, the JSC will allow legal processes to unfold. He emphasized that Malimali has not been charged and remains presumed innocent until proven guilty in a court of law.
Justice Temo expressed concerns regarding the circumstances surrounding Malimali’s arrest, noting that the Deputy Commissioner, who is also an unsuccessful candidate for the Commissioner’s position, was involved, which raises questions about the credibility of the allegations.
He referred to Section 5(1) of the FICAC Act 2007, which states that the Commissioner is appointed by the President based on the JSC’s recommendations after consultation with the Attorney-General. He also cited Section 104(8) of the Constitution of 2013, which underscores the independence of the Commission in its functions.
The JSC noted that the Commissioner’s position has been vacant since Rashmi Aslam’s resignation in August 2023. Justice Temo mentioned that FICAC has been without leadership since that time. After interviewing Puleiwai, who previously served as a FICAC prosecutor and was working in Nauru, the JSC recommended her appointment as Acting Deputy Commissioner in November 2023, following discussions with the Attorney-General.
Notably, Malimali was the top scorer among six candidates considered for the Commissioner role, earning 141 points, while the next highest received 131 points, followed by another at 126 points. The panel then proposed Malimali as the new Commissioner, and after consulting the JSC via email in August 2024, they agreed with the recommendation. On September 2, 2024, the Attorney-General was consulted again, leading to a recommendation for Malimali’s appointment, effective September 5, 2024.