The Judicial Services Commission (JSC) has determined that it lacks the authority to suspend Barbara Malimali, the Commissioner of the Fiji Independent Commission Against Corruption (FICAC). This ruling follows a call from a Commission of Inquiry (CoI), which suggested her suspension over allegations that she intimidated a witness, Kuliniasi Saumi, who is a manager of investigations at FICAC. It was reported that Ms. Malimali allegedly dismissed Mr. Saumi while he was providing testimony regarding her appointment.
Senior Barrister Janet Mason, representing the CoI, argues that the JSC does possess the power to act under Section 44 of the Interpretation Act, asserting that this section provides the authority to not only appoint but also to suspend or dismiss. However, the JSC has rejected this interpretation of their powers. According to Ms. Mason, the CoI has requested Ms. Malimali’s suspension following Mr. Saumi’s dismissal and is seeking further clarification from the JSC, which has responded that it does not have the authority to take such action.
Ms. Mason noted that the legal framework governing the suspension of a FICAC Commissioner appears ambiguous, particularly when contrasted with the explicit provisions for suspending the Director of Public Prosecutions (DPP) during investigations, which are clearly outlined in the Constitution. The FICAC Act, governing the appointment of its Commissioner, does not include provisions for suspension or dismissal.
In light of this situation, the CoI is seeking discussions with the President’s Office, the Attorney-General, and the JSC to clarify Ms. Malimali’s legal standing and to explore potential actions that may be taken moving forward. As the inquiry continues, the lack of a clear legal framework underscores the complexities faced in addressing the issues surrounding the FICAC Commissioner’s authority and actions.
This situation highlights the need for a comprehensive review of the legal structures governing the FICAC and its officials. It may ultimately lead to a more defined legal framework, which could provide better guidance and accountability for the roles and responsibilities of those within the commission.
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