Prime Minister Sitiveni Rabuka has formally lodged an appeal at the Fiji Court of Appeal seeking to overturn a High Court judgment that found the dismissal of former Fiji Independent Commission Against Corruption (FICAC) commissioner Barbara Malimali unlawful. The civil appeal, listed as No. 021 of 2026, was filed on March 12, 2026 and challenges the February 2 ruling of Justice Dane Tuiqereqere.
Court documents show the appeal advances 11 distinct grounds contesting Justice Tuiqereqere’s decision, which had upheld Ms Malimali’s judicial review in HBJ 05 of 2025. The Prime Minister is asking the appellate court to set aside the High Court’s findings that deemed Malimali’s removal unlawful and to rule on a suite of consequential orders related to the status of FICAC leadership pending the appeal’s determination.
Among the orders sought by Mr Rabuka is an interim direction that Lavi Rokoika remain in office as Acting FICAC Commissioner until the appeal is finally decided. The appeal also asks the Court of Appeal to declare that Malimali’s appointment had been vitiated by a pre-appointment taint and that she held neither de jure nor de facto authority as FICAC commissioner — a contention that, if accepted, would undermine the legal basis for any claim of reinstatement or retroactive entitlements.
The filing marks the latest development in a dispute that has produced conflicting public signals from government quarters. In early February the government appeared divided: while Mr Rabuka had earlier signalled an intention to appeal the High Court result, other statements suggested the administration and President had considered not pursuing further litigation. The formal appeal resolves that uncertainty by placing the matter squarely before the Court of Appeal.
The political stakes are high. Mr Rabuka has previously warned he would consider resigning as Prime Minister should the appeal fail, placing personal and executive credibility on the line as the legal process unfolds. The outcome of the appeal will determine not only who leads FICAC in the near term but also the legal finality of actions taken during the contested period of leadership.
No hearing date for the appeal has been published in the filing notice. Legal observers say the Court of Appeal will first consider any interlocutory applications — including the request to keep Rokoika as acting commissioner — before scheduling substantive argument on the grounds raised. The decision will be closely watched by civil society and anti-corruption stakeholders, given FICAC’s central role in investigations and public accountability in Fiji.
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