Former FICAC Commissioner Barbara Malimali is taking legal action to obtain both versions of the Commission of Inquiry (COI) report, which were submitted to the President in May prior to her dismissal. During a hearing in the High Court in Suva, her lawyer Tanya Waqanika requested access to these documents to better challenge the decision made against Malimali.
The legal proceedings stem from Malimali’s suspension and subsequent termination by President Ratu Naiqama Lalabalavu, which occurred on June 2, 2025, following advice from Prime Minister Sitiveni Rabuka. The court, presided over by Justice Dane Tuiqereqere, deemed it necessary to review the COI report to address the key questions surrounding the legality of Malimali’s dismissal and the extent of the President’s authority in such matters.
Justice Tuiqereqere raised several critical points: whether the President had the right to dismiss Malimali based on the Prime Minister’s advice, if she was denied natural justice in the process, and whether the Prime Minister’s actions were justified according to the COI’s findings.
In previous court discussions, Malimali’s representation highlighted that the appointment and dismissal procedures did not conform to constitutional protocols, particularly pointing out that only the Judicial Services Commission (JSC) holds the authority to advise the President on such matters. The current judicial review aims to explore these procedural concerns and assess the implications for the governance structure in Fiji.
Meanwhile, the State has acknowledged that the COI report has been available on the Fiji Government Website for public access for two months, although Waqanika insists on obtaining both digital and physical copies for her case.
Upcoming court proceedings are set for September 8, where a date for a full hearing will be established. The ongoing case is significant not only for Malimali but also for broader discussions about governance and accountability in Fiji, as it may set important precedents regarding the integrity of public office and the autonomy of institutions like FICAC.
As this legal battle unfolds, there is hope that it could lead to necessary reforms aimed at enhancing transparency and restoring public trust in government institutions within the country.
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