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 in violation of Sections 7(1) and 10(1) of the FICAC Act 2007. The JSC has accepted his resignation and is now seeking the President of Fiji’s endorsement.
Acting Chief Justice and JSC Chairperson, Justice Salesi Temo, stated that regarding the abuse of office allegations against Malimali proposed by FICAC, the JSC will allow the legal process to take its course. He emphasized that Malimali has not been charged and is presumed innocent until proven guilty in court.
Justice Temo raised concerns about the context of Malimali’s arrest and detention, particularly as it was conducted by the Deputy Commissioner, who was a candidate for the Commissioner position but was unsuccessful. This, he notes, casts suspicion on the allegations.
He 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 following consultations with the Attorney-General. Additionally, he highlighted Section 104(8) of the 2013 Constitution, which asserts the independence of the Commission in performing its functions, free from external control except by law or a court.
The JSC noted that the Commission has been leaderless since the resignation of former Commissioner Rashmi Aslam in August 2023. After interviewing Puleiwai, a former FICAC prosecutor who had recently worked in Nauru, the JSC recommended her appointment as Acting Deputy Commissioner after consulting the Attorney-General in November 2023.
Justice Temo pointed out that of the six shortlisted candidates for the position of Commissioner, Malimali received the highest score of 141 points. Following the panel’s recommendation, the JSC was consulted in August 2024 via email and agreed to the panel’s choice. On September 2, 2024, the JSC consulted the Attorney-General and subsequently recommended Malimali’s appointment as Commissioner, effective September 5, 2024.