The Fiji Law Society has raised significant concerns regarding the suspension of Barbara Malimali, the Commissioner of the Fiji Independent Commission Against Corruption (FICAC), asserting that her suspension is unlawful due to the lack of guidance from the Judicial Services Commission (JSC). President Wylie Clarke has echoed these sentiments, stating that both the suspension decision and President Ratu Naiqama Lalabalavu’s subsequent appointment of an acting FICAC Commissioner, as well as the dismissal and reappointment of the Deputy Commissioner, lack constitutional legitimacy without JSC recommendations.
Clarke emphasized that the Prime Minister has no constitutional authority in appointing or disciplining the FICAC Commissioner or Acting Deputy Commissioner, underscoring the critical importance of “separation of powers” to avoid political interference in FICAC’s operations. The controversy arose after Prime Minister Sitiveni Rabuka suggested that Ratu Naiqama acted upon his advice regarding these appointments—an action Clarke argues is not constitutional.
Furthermore, Clarke highlighted that the findings of the Commission of Inquiry (COI) into Malimali’s appointment have not been made publicly accessible, leaving affected parties—such as Malimali herself and the dismissed Attorney-General, Graham Leung—without recourse to challenge the findings against them. He called for transparency, urging all parties to respect constitutional boundaries and seek independent legal advice to navigate the current issues effectively.
This unfolding legal drama has roots in earlier ambiguous rulings regarding JSC’s powers to suspend officials, especially in light of recent events that saw the dismissal of a key FICAC investigations manager. Legal experts have noted this illustrates the pressing need for a clearer legal framework governing the actions of public office holders in Fiji, which could foster greater accountability and restore public trust in governance.
As the situation develops, there remains hope that this inquiry will lead to reforms that strengthen institutional integrity and promote a more transparent government, ultimately benefiting the citizens of Fiji who seek clarity and assurance in their legal and political systems.
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