The recent ruling by Justice Dane Tuiqereqere allows former FICAC Commissioner Barbara Malimali to proceed with her judicial review challenging her termination. Key considerations in this decision revolve around whether the President was legally able to revoke Malimali’s appointment based on the Prime Minister’s advice, whether she was denied natural justice before her dismissal on June 2, 2025, and the reasonableness of the Prime Minister’s actions based on findings from a Commission of Inquiry.
Justice Tuiqereqere highlighted that according to Section 5 of the Fiji Independent Commission Against Corruption Act 2007, the Commissioner is appointed by the President following advice from the Judicial Services Commission (JSC). While the respondents acknowledge that the President cannot unilaterally revoke a Commissioner’s appointment, they argue that the unusual circumstances allowed the Prime Minister to act in the JSC’s representation due to a purported constitutional paralysis of the JSC.
The judge emphasized that Malimali’s case presents an arguable point, warranting the opportunity for a full hearing, as the issues raised are novel within the judicial context of Fiji’s governance.
Previous articles have indicated that this legal challenge raises broader questions about the autonomy of FICAC, the integrity of the political process in Fiji, and the procedural fairness required in dismissals. Malimali’s instant dismissal followed allegations related to her appointment and criticisms regarding the overall governance and political environment in Fiji.
The ongoing legal proceedings could serve as a pivotal moment for discussions on accountability and transparency within Fiji’s institutions. There is a sense of optimism that the outcomes of this legal challenge may lead to meaningful reforms, enhancing public trust and governance integrity in Fiji. With a court date set for next Monday, the developments are keenly watched as they may lay the groundwork for significant changes in the country’s anti-corruption measures and overall political framework.
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