Fiji’s Corruption Commission Controversy: What’s Behind the Inquiry?

Justice David E. Ashton-Lewis, a senior Australian jurist and current Judge of the Supreme Court of Fiji, has been appointed by President Wiliame M. Katonivere as the sole Commissioner to investigate the recent appointment of the Commissioner of the Fiji Independent Commission Against Corruption (FICAC) made on September 5, 2024.

The Commission of Inquiry is tasked with evaluating the integrity, fairness, and transparency of the appointment process of Barbara Malimali as FICAC Commissioner, ensuring that it adhered to legal standards. The inquiry will also look into any potential improper or unlawful influences that may have affected the appointment process.

Moreover, the Terms of Reference for the Commission will probe whether any vested interests, including ongoing FICAC investigations involving notable figures such as Members of Parliament, Ministers, and senior public servants, may have unlawfully swayed the appointment of Commissioner Malimali.

Justice Ashton-Lewis brings a wealth of legal experience to this role, having previously served as a Justice of the High Court and the Fiji Court of Appeal, as well as chairing the Constitutional Tribunal to investigate allegations against former Chief Justice Kamal Kumar, who passed away before the hearings could begin.

Counsel assisting the Commission, Janet Mason, a senior barrister with dual New Zealand and Fijian citizenship, has a robust background in public and governance law. Her experience includes serving as Legal Counsel for the Great Council of Chiefs and participating in the Treaty of Waitangi negotiation team.

Both Justice Ashton-Lewis and Janet Mason are expected to arrive in Fiji shortly to commence their roles. Steps are being taken to establish a secretariat to support their work, reinforcing the commitment to ensuring a thorough and fair inquiry.

This inquiry underscores the ongoing commitment of the Fijian government to uphold integrity and transparency in public office, promising a thorough examination of the appointment processes that can enhance public trust in governance.