The ongoing court case involving Barbara Malimali, the former Commissioner of the Fiji Independent Commission Against Corruption (FICAC), was discussed in the Suva High Court recently. Malimali is challenging her dismissal, arguing that the Prime Minister did not have the constitutional authority to advise the President on her termination. Her lawyer, Tanya Waqanika, emphasized that only the Judicial Services Commission holds the power to advise the President regarding such matters, arguing that the dismissal violated constitutional provisions as well as the FICAC Act.
Malimali was suspended on May 29 and formally dismissed shortly thereafter, leading to her filing for a judicial review of the decision. Waqanika argued in court that due process was not followed, as Malimali did not have the opportunity to respond to specific allegations tied to the Commission of Inquiry report that preceded her dismissal. She expressed that the abrupt termination has caused significant damage to Malimali’s employment, reputation, and income.
However, the State, represented by Deputy Solicitor General Eliesa Tuiloma, countered that due legal processes were respected during Malimali’s dismissal, asserting that her claims lack valid grounds. The court is also informed of previous settlement discussions between the parties, which Malimali declined, although Tuiloma confirmed that this offer remains available.
Justice Dane Tuiqereqere has requested updates from both sides regarding the possibility of a settlement by July 18. If an agreement is not reached, he plans to rule on the legality of Malimali’s dismissal on July 21.
This case is indicative of a broader dialogue surrounding governance and accountability within Fiji. It raises critical questions about the extent of presidential powers and the autonomy of institutions like FICAC. The unfolding legal situation may serve as a catalyst for important reforms aimed at enhancing integrity and public trust in government operations.
As the case progresses, many hope that it could not only clarify the boundaries of authority concerning Fiji’s political leadership but also strengthen the framework for governance, ensuring proportional checks and balances are upheld.
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