Prime Minister Sitiveni Rabuka has suggested the possibility of establishing an independent board of inquiry to investigate the controversy regarding the appointment of Barbara Malimali as Commissioner of the Fiji Independent Commission Against Corruption (FICAC). However, the decision will be contingent on advice and consultations the Prime Minister receives from his advisors, both from within and outside his cabinet.
Malimali’s appointment has drawn considerable criticism, particularly as she was under investigation by FICAC in her capacity as the chairperson of the Electoral Commission at the time of her appointment. Moreover, political and legal analysts have raised concerns about the timing of her appointment, coinciding with the Deputy Prime Minister Biman Prasad’s impending charges by the corruption watchdog.
Former Acting Deputy Commissioner of FICAC, Francis Pulewai, disclosed that a formal notification intending to charge Prasad had been sent to both the Prime Minister and the Minister for Justice, Siromi Turaga, just one day prior to Malimali’s appointment. Prasad was expected to face allegations regarding his failure to declare all assets, income, and liabilities before the last election, but these charges have been stalled since Malimali took office.
In a previous statement, Rabuka indicated that any cabinet minister facing charges would be relegated to the backbench, similar to former Minister for Fisheries, Kalaveti Ravu. Former Prime Minister Mahendra Chaudhry has urged Rabuka to intervene to uphold the integrity and independence of the commission.
As the chair of the Constitutional Offices Commission, Rabuka has not yet received Malimali’s resignation from the Electoral Commission, ten days following her FICAC appointment. When questioned about the potential for initiating an independent board of inquiry or tribunal to address criticisms regarding the perceived undermining of FICAC’s independence, Rabuka stated, “If it is allowed for, then we will go ahead,” adding that he would seek appropriate advice and possibly consult beyond the cabinet.
Additionally, a petition advocating for Malimali’s removal has begun circulating as discussions around her appointment intensify.