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. This resignation has been accepted by the Commission, which is now seeking the endorsement of the President of Fiji.
Acting Chief Justice and JSC Chairperson Justice Salesi Temo commented on the allegations of abuse of office against Malimali, stating that the JSC will allow the legal process to unfold. He emphasized that Malimali has not been charged and is presumed innocent until proven guilty in a court of law.
Justice Temo noted that the circumstances surrounding Malimali’s arrest by the Deputy Commissioner, who was a candidate for the Commissioner’s position but failed to secure it, raise doubts about the validity of the allegations. He also referred to Section 5(1) of the FICAC Act 2007, which asserts that the Commissioner is appointed by the President on the recommendation of the JSC, following consultation with the Attorney-General.
According to Justice Temo, Section 104(8) of the 2013 Constitution guarantees the independence of the Commission, stating it should not be subject to any direction or control except by a court of law or as dictated by law.
The JSC pointed out that the Commissioner’s position has been vacant since former Commissioner Rashmi Aslam resigned in August 2023. Since then, FICAC has lacked leadership. After reviewing candidates, the JSC recommended Puleiwai, a former FICAC prosecutor working in Nauru, for the role of Acting Deputy Commissioner in November 2023.
Justice Temo also highlighted that Malimali was the highest scorer among six shortlisted applicants for the Commissioner’s position, earning 141 points, compared to 131 and 126 points for the second and third highest applicants, respectively. The panel subsequently recommended Malimali to the JSC, which agreed to this recommendation via email consultations in August 2024.
On September 2, 2024, the JSC consulted the Attorney-General and later proposed that President appoint Malimali as Commissioner, effective September 5, 2024.