The Judicial Services Commission (JSC) has announced that the Deputy Commissioner of the Fiji Independent Commission Against Corruption (FICAC), Francis Puleiwai, agreed to resign effective immediately after being found in violation of Sections 7(1) and 10(1) of the FICAC Act 2007. The JSC has accepted Puleiwai’s resignation and is now seeking the endorsement of Fiji’s President.
Acting Chief Justice and JSC Chair Justice Salesi Temo commented on the allegations of abuse of office against Malimali, stating that the JSC will allow the legal process to take its course. He emphasized that Malimali has not been charged and, like any citizen, is presumed innocent until proven guilty in a court of law. Justice Temo raised concerns about the legitimacy of the allegations, noting that Malimali’s arrest and detention were carried out by the Deputy Commissioner, who was previously an unsuccessful candidate for the Commissioner position.
Justice Temo referred to Section 5(1) of the FICAC Act 2007, which states that the Commissioner is appointed by the President based on the JSC’s recommendation after consulting with the Attorney-General. He also cited Section 104(8) of the 2013 Constitution, which underscores that the Commission operates independently and is not subject to the direction of any person or authority except by court order or mandated by law.
The JSC pointed out that the position of Commissioner has been vacant since the resignation of former Commissioner Rashmi Aslam in August 2023. Following interviews, the JSC recommended the appointment of Puleiwai, a former FICAC prosecutor who was then working in Nauru, as Acting Deputy Commissioner after consulting the Attorney-General in November 2023.
Justice Temo noted that among six shortlisted candidates, Malimali received the highest score of 141 points, surpassing the next applicant, who scored 131, and the third applicant with 126 points. The panel subsequently recommended Malimali for the Commissioner role. On August 2024, the JSC was consulted via email and agreed with this recommendation. Temo added that the Attorney-General was consulted on September 2, 2024, leading to a recommendation for Malimali’s appointment as Commissioner, effective September 5, 2024.