Former FICAC Commissioner Barbara Malimali has been granted judicial review leave by the Suva High Court to contest her dismissal from office. Today’s hearing focused on Malimali seeking to challenge the government’s decision, which led to her termination on June 2 by the President, based on the Prime Minister’s advice.
Judge Dane Tuiqereqere indicated that there was an arguable case for Malimali, whose legal team contends that the Prime Minister did not have the authority under the Constitution to advise the President on her dismissal. Instead, attorney Tanya Waqanika emphasized that only the Judicial Services Commission holds the constitutional power to make such recommendations.
Malimali’s case gained momentum after allegations surfaced regarding her initial appointment as FICAC Commissioner amidst ongoing investigations linked to her prior role as chair of the Electoral Commission, raising significant questions about governance and accountability in Fiji.
This development has the potential to shine a light on critical discussions surrounding the autonomy of the FICAC, the extent of presidential powers, and the importance of procedural fairness in dismissals. As legal proceedings continue, there is hope that they may result in important reforms aimed at enhancing transparency and public trust in Fiji’s governance systems.
A next court date has been scheduled for next Monday, where further discussions on this unfolding situation will take place. There remains optimism that the outcomes of Malimali’s challenge may contribute to strengthening institutional integrity and clarity regarding constitutional governance in Fiji, ultimately benefiting the nation’s anti-corruption efforts.
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