Fiji’s Governance Under Fire: Judicial Review Sparks Debate on Prime Minister’s Authority

The Fijian government is currently facing scrutiny over the dismissal of former FICAC Commissioner Barbara Malimali, as Prime Minister Sitiveni Rabuka’s actions come under judicial examination. The High Court, presided by Justice Dane Tuiqereqere, has granted Malimali permission for a judicial review regarding her removal from office, which was executed on June 2 based on the Prime Minister’s advice.

The State’s defense revolves around claims of “constitutional paralysis” within the Judicial Services Commission (JSC), which they argue justified the Prime Minister’s intervention. The government’s assertion is that the JSC became inoperative as questions arose regarding Malimali’s appointment, prompting Rabuka to act as a “legitimate temporary substitute.” State lawyers maintained that the 2013 Constitution generally requires the JSC to recommend such appointments, but allowed for the President to act based on Cabinet advice during exceptional circumstances.

However, Justice Tuiqereqere ruled that the Constitution and the FICAC Act do not explicitly grant the Prime Minister the authority to bypass the JSC for such actions. He emphasized that the power to recommend appointments and revocations rests solely with the JSC, reinforcing the need for adherence to established legislative frameworks.

Malimali’s case reflects broader issues of governance and accountability within Fiji. Previous articles have highlighted the context surrounding her appointment and the investigations linked to it. She faced allegations regarding her role as chair of the Electoral Commission amid a contentious political landscape which also involves Deputy Prime Minister Biman Prasad facing charges related to corruption.

As these legal proceedings unfold, they provide an essential opportunity for discussions about transparency and reform in Fiji’s governance systems. The hope is that the outcome will lead to improvements in institutional integrity and public trust, fostering a more accountable framework in the fight against corruption.