Prime Minister Sitiveni Rabuka has lodged a Notice of Appeal against a High Court ruling that earlier this year found his removal of former Fiji Independent Commission Against Corruption (FICAC) Commissioner Barbara Malimali unlawful, marking a reversal of the government’s earlier stance that it would not challenge the decision.
Rabuka’s lawyer, Simione Valenitabua, confirmed the appeal filing to Fiji One News and said the Prime Minister will issue a formal statement setting out the government’s position. Malimali’s lawyer, Tanya Waqanika, told reporters the notice of appeal was served to her team this afternoon, formalising the next step in litigation over the controversial sacking.
The move contradicts public assurances given after the February judgment that the government would not pursue an appeal. At the time, officials indicated they would accept the High Court’s determination. The return now to an appellate route shifts the legal trajectory of a case that has drawn sustained public and institutional attention.
In February, High Court Judge Justice Dane Tuiqereqere declared Malimali’s removal by the President — carried out on the advice of the Prime Minister — to be unlawful. That judgment triggered parallel administrative and judicial processes: the Judicial Services Commission (JSC) was tasked with considering the final outcome on Malimali’s position and is scheduled to deliver its decision on or before the end of this month. The filing of an appeal to the Court of Appeal means the judiciary will now deal with competing legal questions in two forums.
Legal practitioners say the appeal could extend the period of uncertainty over leadership at FICAC, the body responsible for investigating and preventing corruption. How the Court of Appeal responds to the grounds raised by Rabuka’s legal team will determine whether the High Court’s findings are upheld, overturned or narrowed — and could affect whether the JSC proceeds with or revises its internal consideration.
Fiji One News has sent questions to the Prime Minister’s office seeking details of the grounds for appeal and the timing of any legal arguments. Malimali, who has been at the centre of public debate over the independence and governance of anti-corruption institutions, has been represented in court by Waqanika throughout the proceedings. Her legal team has previously pressed for remedies relating to the lawfulness of the removal and for clarity on the administrative steps the executive took.
The case has become a focal point in discussions about the separation of powers and the procedures for removing statutory officeholders. With the JSC’s deadline approaching at the end of the month and Rabuka now engaging the Court of Appeal, the situation is set to evolve rapidly. A formal statement from the Prime Minister is expected to provide the government’s rationale for reversing its earlier position and outline the legal arguments it will pursue on appeal.
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