The Judicial Services Commission (JSC) has announced that Francis Puleiwai, the Deputy Commissioner for the Fiji Independent Commission Against Corruption (FICAC), has agreed to resign immediately after being found in violation of Section 7(1) and 10(1) of the FICAC Act 2007. The Commission has accepted this resignation and is now seeking the endorsement of the President of Fiji.
Justice Salesi Temo, the Acting Chief Justice and Chairperson of the JSC, remarked that the JSC would allow the law to take its course regarding the abuse of office allegations against Malimali by FICAC. He emphasized that Malimali has not been charged and, like any citizen, is presumed innocent until proven guilty in a court of law. Justice Temo pointed out that the circumstances surrounding Malimali’s arrest and detention, conducted by the Deputy Commissioner, who was an unsuccessful candidate for the Commissioner’s role, raises questions about the allegations’ validity.
Justice Temo referenced Section 5(1) of the FICAC Act 2007, which states that the Commissioner is appointed by the President based on the JSC’s recommendation and consultation with the Attorney-General. He also noted Section 104(8) of the 2013 Constitution, which declares that the Commission shall operate independently without undue influence from any person or authority, barring court directives or existing laws.
The JSC highlighted that the Commissioner’s position has remained vacant since the resignation of former Commissioner Rashmi Aslam in August 2023. Following an interview with Puleiwai, who previously served as a FICAC prosecutor and was working in Nauru, she was recommended for the Acting Deputy Commissioner position after consulting the Attorney-General in November 2023.
Justice Temo pointed out that of the six candidates evaluated, Malimali received the highest score of 141 points, while the subsequent candidates scored 131 and 126 points, respectively. The panel subsequently recommended Malimali as the new Commissioner to the JSC, which was consulted via email in August 2024 and agreed with the panel’s decision. The JSC consulted the Attorney-General on September 2, 2024, and later recommended that His Excellency the President appoint Malimali as Commissioner, effective September 5, 2024.