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 following violations of the FICAC Act 2007, specifically Sections 7(1) and 10(1). The JSC has accepted his resignation and is now seeking the endorsement of the President of Fiji.
Acting Chief Justice and JSC Chairperson Justice Salesi Temo addressed allegations of abuse of office involving Malimali, stating that the JSC will allow the legal process to unfold, as Malimali has not been charged and remains presumed innocent until proven guilty in a court of law. He also noted that the circumstances surrounding Malimali’s arrest, carried out by the Deputy Commissioner—who was an unsuccessful candidate for the Commissioner position—raise suspicions about the legitimacy of the allegations.
Justice Temo referred to Section 5(1) of the FICAC Act 2007, which indicates that the Commissioner is appointed by the President based on the JSC’s recommendations following consultations with the Attorney-General. He also cited Section 104(8) of the 2013 Constitution, emphasizing the independence of the Commission in its functions, without the influence of any person or authority, except as mandated by law.
The JSC noted that the position of Commissioner has been vacant since the resignation of Rashmi Aslam in August 2023. Justice Temo mentioned that FICAC has been without a leader since that time. After interviewing Puleiwai, who was previously a FICAC prosecutor in Nauru, the JSC recommended her appointment as Acting Deputy Commissioner in November 2023, following consultation with the Attorney-General.
Justice Temo highlighted that in the process of selecting a new Commissioner, Malimali achieved the highest score of 141 points among six shortlisted candidates. Following further consultations, Malimali was recommended to the JSC, which agreed with the recommendation in August 2024. The JSC then consulted the Attorney-General on September 2, 2024, and later recommended Malimali for appointment by the President, effective September 5, 2024.