Lawyer Tanya Waqanika, who represents former Barbara Malimali, says the High Court’s ruling confirms that the President’s decision to revoke her client’s appointment was ultra vires, or beyond legal authority.
Speaking after judgment was delivered in Suva today, Ms Waqanika said the Court had made it clear that the process used to dismiss Ms Malimali was unlawful.
“What the President did in that decision, acting on the advice given, was ultra vires,” she said.
Ms Waqanika said the Court ruled that matters relating to the appointment or removal of a FICAC Commissioner must be left to the Judicial Services Commission.
“The judge has ruled that this must be left to the Judicial Services Commission, and so the ball is now in their court,” she said.
“We will be taking instructions from our client on the next steps.”
Asked what Ms Malimali would have said had she been present, Ms Waqanika replied light-heartedly: “She would have said a lot of things — she’s a funny one.”
On the implications of the ruling, Ms Waqanika said the Court had clearly affirmed the constitutional role of the JSC.
“The Judicial Services Commission is the rightful body to recommend the appointment and removal of the FICAC Commissioner to the President, not the Prime Minister,” she said.
Ms Waqanika also explained that the judge did not rule on reinstatement at this stage, noting that remedies would be addressed separately following further directions from the Court.
