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Fiji’s FICAC Controversy: Will an Independent Inquiry Follow?

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Prime Minister Sitiveni Rabuka has suggested the possibility of establishing an independent board of inquiry to look into the controversy surrounding the appointment of Barbara Malimali as Commissioner of the Fiji Independent Commission Against Corruption (FICAC).

However, the final decision will rely on the guidance and consultations the Prime Minister receives from his advisors, both inside and outside the cabinet.

Malimali’s appointment has faced significant criticism, particularly since she was being investigated by FICAC during her time as chairperson of the Electoral Commission. Additionally, political and legal analysts have raised concerns regarding the timing of her appointment, occurring just as Deputy Prime Minister Biman Prasad was set to be charged by FICAC.

Former Acting Deputy Commissioner of FICAC, Francis Pulewai, confirmed that a formal notice to charge Mr. Prasad was submitted to both the Prime Minister and the Minister for Justice, Siromi Turaga, just one day before Malimali’s appointment. Mr. Prasad was expected to face charges related to not fully declaring his assets, income, and liabilities prior to the last election. These charges have since been suspended following Malimali’s appointment.

Previously, Mr. Rabuka stated that any cabinet minister facing charges would have to step back, similar to the case of former Minister for Fisheries, Kalaveti Ravu. Former Prime Minister Mahendra Chaudhry urged Rabuka to intervene to uphold the integrity and independence of FICAC.

Rabuka, who chairs the Constitutional Offices Commission, has not yet received Malimali’s resignation from the Electoral Commission, even ten days after her appointment to FICAC. When asked about initiating an independent board of inquiry or tribunal to address the criticism aimed at Malimali’s appointment, Rabuka responded, “If it is allowed for, then we will go ahead.” He also mentioned the need for proper advice and potential consultations beyond the cabinet if necessary.

In the meantime, a petition calling for Malimali’s removal is circulating as the concerns surrounding her appointment continue to escalate.

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