Lawyer Tanya Waqanika, representing former FICAC Commissioner Barbara Malimali, announced that the High Court’s ruling has confirmed the President’s act of revoking her client’s appointment was beyond legal authority, commonly referred to as ultra vires. This significant decision was delivered in Suva today, with Waqanika emphasizing that the court clearly stated the process utilized to dismiss Malimali was unlawful.
Waqanika articulated that the ruling highlighted the necessity for matters regarding the appointment or removal of a FICAC Commissioner to be handled solely by the Judicial Services Commission (JSC). “The judge has ruled that this must be left to the Judicial Services Commission, and so the ball is now in their court,” she stated, indicating that they will consult with their client for future steps.
When asked about what Malimali might have expressed if she were present in the courtroom, Waqanika humorously remarked, “She would have said a lot of things — she’s a funny one.”
Furthermore, Waqanika noted that this ruling underscores the constitutional authority of the JSC, which should be the appropriate body to recommend the appointment and removal of the FICAC Commissioner to the President, rather than the Prime Minister. While the judge did not make any decisions regarding Malimali’s reinstatement at this time, remedies will be considered in ongoing proceedings following additional directions from the court.
This ruling sets a clear precedent for the separation of powers, reinforcing the role of the JSC in matters concerning judicial appointments, and potentially leading to changes in administrative processes within the governance framework. Overall, it reflects the judiciary’s commitment to uphold constitutional mandates, bringing an optimistic outlook for accountability in public service appointments.
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