A hearing has been set for the legal motion brought by Barbara Malimali, the former Commissioner of the Fiji Independent Commission Against Corruption (FICAC), who is challenging her recent dismissal. Malimali filed for a judicial review after being terminated on June 2, and her case names high-ranking officials including the President of Fiji, Ratu Naiqama Lalabalavu, and Prime Minister Sitiveni Rabuka as respondents.
On Friday, Malimali attended a court session in Suva with her legal representatives and a team from the Attorney-General’s Office. This initial hearing took place before Judge Dane Tuiqereqere. The next court meeting is scheduled for July 14, when the hearings are expected to commence.
Originally, this case was assigned to Justice Chandana Lakshman, but due to a conflict of interest – involving witnesses linked to Malimali’s side – he recused himself. Justice Tuiqereqere also recognized a potential conflict of interest since he is friends with Tanya Waqanika, Malimali’s lawyer, but nonetheless, both parties agreed to proceed with Tuiqereqere.
During the proceedings, Malimali’s lawyers contested the State’s late Notice of Opposition. In response, Deputy Solicitor-General Eliesa Tuiloma cited challenges in communicating with the heads of state. The court allowed additional time for the State to file their opposition, which will be followed by a seven-day window for Malimali to reply.
This legal conflict has surfaced amid ongoing discussions regarding governance and accountability in Fiji. Malimali’s initial appointment as FICAC Commissioner in September 2024 was controversial due to questions surrounding her past role as chair of the Electoral Commission and concurrent allegations involving Deputy Prime Minister Biman Prasad.
As the legal proceedings unfold, they raise critical issues surrounding the autonomy of FICAC and the integrity of the commission’s leadership. The case not only sparks interest in the adjudication of Malimali’s situation but also reflects broader concerns about governmental transparency and anti-corruption measures in Fiji. Public discourse is leaning towards the hope that this situation could result in reforms that enhance trust in the country’s governance systems and ensure accountability among public officials.
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