In his June 2, 2025 letter to terminate Barbara Malimali as FICAC Commissioner, President Ratu Naiqama Lalabalavu stated that his decision to suspend her four days earlier was “sent to you in error”.
This is revealed in the judgement delivered by Justice Dane Tuiqereqere yesterday that allowed Barbara Malimali to pursue a judicial review on her termination.
The judge outlined that in or about October 2024, a Commission of Inquiry was established by the President to inquire into the appointment of Ms Malimali and that Justice David Ashton-Lewis was appointed Commissioner of the Commission of Inquiry.
The hearings commenced in January 2025, and a report was subsequently prepared by the Commissioner and presented to the President in May 2025.
“On 29 May 2025, Ms Malimali received a letter from the President. The letter read in part: Pursuant to sections 81(2) and 82 of the Constitution of the Republic of Fiji (‘Constitution’) and upon receipt of the advice of the Honourable Prime Minister, you are hereby suspended forthwith, with pay as Commissioner of the Fiji Independent Commission Against Corruption (FICAC), pending investigations by the Fiji Police Force into allegations raised against you in the Final Report of the Commission of Inquiry appointed to enquire into your appointment as FICAC Commissioner.”
Ms Malimali told the court through an affidavit dated 4 June 2025 that she learned on social media on 2 June 2025 that her suspension had been rescinded and her appointment as Commissioner had been revoked.
“Later the same day, in the evening, a decision letter was delivered to Ms Malimali’s solicitor formally advising her of the revocation,” noted Justice Tuiqereqere.
The letter from the President dated 2 June 2025 reading: “My letter to you dated 29 May 2025 was sent to you in error and is to be disregarded and replaced with this letter. Pursuant to sections 81(2) and 82 of the Constitution of the Republic of Fiji (‘Constitution’) and upon receipt of the advice of the Honourable Prime Minister, your appointment as Commissioner of the Fiji Independent Commission Against Corruption (FICAC) is hereby revoked with immediate effect.”
