The Commission of Inquiry has issued a critical report regarding the Judicial Services Commission (JSC), which has been found to have inadequately assessed the appointment of Barbara Malimali as the new Commissioner of the Fiji Independent Commission Against Corruption (FICAC). The report indicates that the JSC “failed to exercise due diligence” in evaluating whether Malimali was a suitable candidate for the role, particularly since she was under investigation by FICAC at the time of her appointment.
The inquiry revealed that the JSC did not inquire about the nature or status of the investigation into Malimali, highlighting a serious oversight. Furthermore, the report stated the JSC appeared overly reliant on the Attorney-General, raising concerns about the lack of independence required by law in such appointments. The Commission emphasized that there is no evidence of a thorough discussion regarding Malimali’s fit for the role beyond the interview panel.
In response to these findings, the Commission has suggested legislative reforms to clarify the responsibilities of the JSC, the Attorney-General, and FICAC, advocating for enhanced transparency and accountability in public appointments. This recommendation aligns with ongoing concerns expressed by opposition members regarding the integrity of the appointment process.
For instance, Opposition Member Premila Kumar previously characterized the appointment as “astonishing and unethical,” stressing that appointing someone under investigation undermines public trust in the capacity of FICAC to function impartially. Similarly, Jone Usamate has called for clarity regarding the investigation and considerable improvement in due diligence practices during such critical appointments.
The events surrounding Malimali’s appointment highlight significant challenges in Fiji’s governance framework, but they also offer an opportunity for systemic reform that could enhance the integrity and credibility of institutions like FICAC. These discussions may pave the way for important changes aimed at ensuring public confidence in the rule of law and the operations of key national institutions.
This situation presents a hopeful potential for reform, as the proposed changes may lead to a more transparent and accountable mechanism for future appointments, ultimately fostering greater public trust in Fiji’s legal and governance systems.
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