The Government had indicated it would prioritise amendments to the Fiji Independent Commission Against Corruption (FICAC) Act to remove the Judicial Services Commission as the appointing authority and replace it with the Constitutional Officers Commission.
This is revealed in the court ruling handed down by Justice Dane Tuiqereqere in which he ruled the removal of Barbara Malimali as FICAC Commissioner had been done unlawfully.
According to the 41 page ruling, the proposed legislative change was raised by Prime Minister Sitiveni Ligamamada Rabuka in advice to the President in May 2025, amid developments surrounding the leadership of FICAC.
The Prime Minister recommended that the Government move swiftly to amend the law to clarify and realign the appointment process for the Commissioner and Deputy Commissioner of FICAC.
The ruling sttaes that the Prime Minister advised that “the Government would prioritise an amendment to the FICAC Act to remove the Judicial Services Commission and replace it with the Constitutional Officers Commission as the appointing authority”.
“On 28 May 2025, the Prime Minister wrote to the President to advise that Ms Malimali be suspended “with immediate effect and the complaints against her be referred to the Fiji Police Force (FPF) for a full investigation”, the ruling states.
“Further, that “pursuant to section 82 of the Constitution, it is recommended that either Mr Eliesa Tuiloma or Ms Lavenia Rokotika be appointed to act as the Commissioner in the interim”, and that the Government would prioritise an amendment to the FICAC Act to remove the Judicial Services Commission and replace it with the Constitutional Officers Commission as the appointing authority for the Commissioner and Deputy Commissioner of FICAC.”
The issue arose in the context of actions taken following the delivery of a Commission of Inquiry report, which resulted in referrals to the Fiji Police Force for investigation and subsequent administrative decisions affecting senior FICAC officials.
The High Court has since granted leave for a judicial review challenging aspects of the Commission of Inquiry and the processes that followed.
The Prime Minister has confirmed that the Government will lodge an appeal and respond through appropriate legal channels.
In a separate statement, Mr Rabuka said the proceedings demonstrated that democracy in Fiji remains strong, with respect for the separation of powers and the independence of institutions, adding that the rule of law remains paramount.
