The Judicial Services Commission has confirmed it will consult key parties following a High Court ruling that declared the revocation of Barbara Malimali’s appointment as Commissioner of the Fiji Independent Commission Against Corruption (FICAC) unlawful.
In a statement issued today, the JSC noted the orders made by Justice Dane Tuiqereqere, who ruled that the advice given by the Prime Minister and the subsequent decision of the President on 2 June 2025 to revoke Ms Malimali’s appointment were unlawful and ultra vires.
However, the court declined to reinstate Ms Malimali as Commissioner, stating that the matter now falls within the JSC’s constitutional mandate.
The judge also made no orders for general or special damages, noting that any loss of income suffered by Ms Malimali would depend on the JSC’s decision regarding her status from 2 June 2025.
Following extensive deliberations at its meeting today, the JSC resolved to invite Ms Malimali and her legal counsel, the Solicitor-General representing the State, and lawyers representing the Honourable Prime Minister, to present their views on compliance with the High Court’s orders.
The Commission said it will then, in consultation with the Acting Attorney-General, make its own independent recommendations to the President on the outcome of the judgment.
The JSC has also committed to taking all necessary steps to expedite the resolution of matters relating to Ms Malimali’s appointment as FICAC Commissioner on or before 31 March 2026.
The statement was signed by Tomasi Bainivalu, Secretary to the Judicial Services Commission.
