Chief Justice Salesi Temo has confirmed that Prime Minister Sitiveni Rabuka’s decision to lodge an appeal against a High Court judgment has, for now, removed the Judicial Services Commission’s (JSC) ability to make any binding decisions about former Fiji Independent Commission Against Corruption (FICAC) Commissioner Barbara Malimali. The clarification, delivered as the JSC met this week, makes clear the commission’s next move on the sensitive leadership dispute will be dictated by the appellate process.
The development follows Justice Dane Tuiqereqere’s February 2 ruling that found Mr Rabuka acted “illegally” in advising President Ratu Naiqama Lalabalavu to appoint Lavi Rokoika as acting FICAC commissioner. Chief Justice Temo said the JSC had been preparing to implement that High Court decision and had hoped to reach a resolution before the end of March, but the Prime Minister’s appeal to the Court of Appeal has overtaken those plans and effectively paused any enforceable action by the commission.
“With the Hon Prime Minister taking the matter to the Court of Appeal, it became an issue of the rule of law,” Chief Justice Temo said, noting that while all litigants have a right to appeal, the legal process must be allowed to run its course. He underlined that the JSC does not challenge the High Court’s findings but, as a statutory commission rather than a judicial body, it must defer to the courts while the appeal is pending.
Temo framed the pause as a demonstration of the constitutionally enshrined separation of powers: the High Court, the Court of Appeal and ultimately the Supreme Court are empowered to resolve legal disputes. He added that although the JSC cannot make final decisions on Malimali’s status until the Court of Appeal rules, the commission remains able to engage with relevant parties to seek a civil settlement or other non-binding resolutions while proceedings continue.
The legal standoff has placed the FICAC leadership question — and broader concerns about adherence to statutory appointment processes — at the centre of public attention. The Fiji Law Society and other legal observers previously urged President Lalabalavu to follow the JSC’s recommended process after the controversy over Rokoika’s appointment and Malimali’s removal. Those calls helped spur legal challenges culminating in the High Court’s February judgment.
The meeting also drew attention from Malimali’s legal team: Tanya Waqanika, who represents Ms Malimali, was photographed leaving the JSC session on the same day. Her presence underscored the ongoing legal and administrative exchanges between the former commissioner’s camp and the commission. With the Court of Appeal now seized of the matter, the timeline for a definitive resolution has shifted to the courtroom rather than the JSC’s agenda.
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