The Judicial Services Commission (JSC) announced that Francis Puleiwai, the Deputy Commissioner for the Fiji Independent Commission Against Corruption (FICAC), agreed to resign immediately after being found in violation of Sections 7(1) and 10(1) of the FICAC Act 2007. The Commission has accepted this resignation and is seeking the endorsement of the President of Fiji.
Justice Salesi Temo, the Acting Chief Justice and JSC Chairperson, addressed allegations of abuse of office involving Malimali by FICAC, stating that the law will take its course. He emphasized that Malimali has not been charged and is presumed innocent until proven guilty in a court of law.
Temo pointed out that the circumstances surrounding Malimali’s arrest and detention, conducted by the Deputy Commissioner—who was an unsuccessful candidate for the Commissioner’s position—raise questions about the legitimacy of the allegations. He referred to Section 5(1) of the FICAC Act 2007, which dictates that the Commissioner is appointed by the President on the recommendation of the JSC following discussions with the Attorney-General.
Furthermore, he cited Section 104(8) of the 2013 Constitution, which ensures the Commission operates independently and is not subject to external direction or control, except by a court of law or as otherwise provided by written law.
The JSC noted that the Commissioner’s position has been unfilled since the resignation of former Commissioner Rashmi Aslam in August 2023. Justice Temo explained that following an interview with Puleiwai, a former FICAC prosecutor, she was recommended for the role of Acting Deputy Commissioner after consultations with the Attorney-General in November 2023.
Justice Temo remarked that Malimali had received the highest score of 141 points among six shortlisted candidates, with the next highest applicant scoring 131. Subsequently, the panel recommended Malimali as the new Commissioner to the JSC, which agreed with the recommendation via email in August 2024.
The JSC consulted the Attorney-General on September 2, 2024, and later recommended to the President the appointment of Malimali as Commissioner, effective September 5, 2024.