The legal proceedings surrounding the suspension of Fiji Independent Commission Against Corruption (FICAC) Commissioner Barbara Malimali have taken a significant turn as the $15,000 King’s Counsel (KC) opinion awaits a response from Prime Minister Sitiveni Rabuka and President Ratu Naiqama Lalabalavu. The opinion asserts that the Judicial Services Commission (JSC) is empowered to recommend Malimali’s suspension pending an ongoing Commission of Inquiry (COI).
Despite this ruling, the JSC has chosen to distance itself from taking any action regarding Malimali’s suspension. Questions posed to Prime Minister Rabuka concerning the KC’s findings have gone unanswered. Janet Mason, the COI’s Senior Legal Assistant, noted that the KC’s legal advice was provided to Rabuka and the President for review, and the COI is waiting for their decisions.
The context for this inquiry involves a critical incident regarding the termination of Kulianiasi Saumi, a key witness and FICAC investigations manager. Saumi’s dismissal on January 24, 2025, led the COI to allege that it could be an intimidation tactic aimed at silencing witnesses involved in the inquiry into Malimali’s appointment processes.
Appointed in October 2024, the COI’s mandate is to scrutinize whether Malimali’s appointment adhered to principles of integrity, fairness, and transparency under the law. Mason indicated that the KC aligned with the COI’s perspective regarding the suspension, stating “they (KC) agreed with what we put forward.” She expressed doubts that the Prime Minister and the President would concur with the findings but emphasized the importance of their upcoming decisions.
The legal guidance from Professor Philip Joseph of Te Whare Wananga o Waitaha—University of Canterbury comes at a critical juncture for FICAC, shedding light on the broad challenges within Fiji’s governance and reinforcing the necessity for accountability and institutional integrity. The debate surrounding Malimali’s situation could foster essential dialogue about re-evaluating the rules governing public office appointments and suspensions, ultimately enhancing accountability and transparency in Fiji’s institutions.
As these developments unfold, there remains hope that they may catalyze meaningful reforms aimed at improving public trust and governance in Fiji, as the COI continues its commitment to unraveling complex issues within the justice system. This ongoing inquiry highlights the essential relationship between legal interpretation, governance, and public accountability, underscoring the importance of courageous transparency in addressing challenging issues within the nation.
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