THE Prime Minister had no authority under the Constitution to advise the President on the dismissal, revocation, or suspension of former FICAC Commissioner Barbara Malimali, the High Court in Suva heard yesterday.
Appearing for Ms Malimali, lawyer Tanya Waqanika told the court the only body with constitutional power to advise the President in such matters is the Judicial Services Commission.
Ms Malimali, who was suspended on May 29 and later dismissed by the President, has filed a judicial review
challenging the legality of her termination.
The case is being heard by Justice Dane Tuiqereqere.
Ms Waqanika argued that the actions of both the Prime Minister and the President were “ultra vires” and violated the Constitution and the FICAC Act.
She said her client was not given the opportunity to respond to the allegations contained in the Commission of Inquiry report, and as a result, “has lost her employment, income, and reputation”.
However, Deputy Solicitor General Eliesa Tuiloma, representing the State, said the application had no valid grounds and that the Government followed proper constitutional procedure in terminating Ms Malimali’s contract.
The court also heard that both parties had entered into settlement discussions in June, which Ms Malimali declined.
Mr Tuiloma confirmed the offer remained open.
Justice Tuiqereqere asked both parties to advise the court by Friday, July 18, if a settlement has been reached; failing which, he will rule on the matter on Monday, July 21.
