The Suva High Court has determined that the dismissal of former Commissioner Barbara Malimali from the Fiji Independent Commission Against Corruption (FICAC) was unlawful. The court found that Prime Minister Sitiveni Rabuka did not possess the constitutional authority to recommend to the President the revocation of Malimali’s appointment.
In the judgment delivered today, Justice Dane Tuiqereqere upheld Malimali’s judicial review, which contested her dismissal on June 2, 2025. Malimali’s removal followed a Commission of Inquiry that examined her appointment, which was initiated after the President, acting on the Prime Minister’s advice, decided to revoke her position.
Tanya Waqanika, Malimali’s attorney, argued that the 2013 Constitution and the FICAC Act stipulate that only the Judicial Services Commission (JSC) has the power to advise the President on the appointment, suspension, or removal of a FICAC Commissioner. The State opposed this by contending that the Prime Minister acted out of “constitutional necessity,” suggesting that the JSC was effectively paralyzed or compromised at the time of the decision.
Malimali sought the court’s intervention to annul the revocation of her appointment, restore her position, and secure damages for lost income and reputational harm. Waqanika highlighted that the High Court’s ruling confirmed the President’s action was ultra vires, meaning it exceeded legal authority.
After the judgment, Waqanika noted that the court made it clear the dismissal process was illegal. “What the President did in that decision, acting on the advice given, was ultra vires,” she asserted. The court emphasized that decisions regarding the appointment or removal of a FICAC Commissioner rest solely with the JSC.
Waqanika remarked that the judge did not address the issue of reinstatement at this stage, indicating that any remedies would be discussed later following directives from the court. She expressed optimism regarding the ruling’s implications, stating it reaffirms the constitutional role of the JSC, ensuring that such decisions are not the prerogative of the Prime Minister but belong to the appropriate judicial body.
This ruling marks a significant affirmation of the judicial framework governing the oversight of integrity in public service, highlighting the importance of constitutional mechanisms that protect the independence of commissions like FICAC.
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