Chief Justice Salesi Temo says Prime Minister Sitiveni Rabuka’s decision to appeal a High Court ruling has temporarily stripped the Judicial Services Commission (JSC) of its authority to make any decisions regarding former FICAC Commissioner Barbara Malimali.
The appeal follows a ruling by Justice Dane Tuiqereqere on February 2, which found that Mr Rabuka acted “illegally” in advising the President, Ratu Naiqama Lalabalavu, to appoint Lavi Rokoika as Acting Commissioner of the Fiji Independent Commission Against Corruption (FICAC).
Chief Justice Temo said the JSC had initially intended to decide on the matter before the end of March, but that plan has been overtaken by legal developments.
He said that the Commission had been working to implement Justice Tuiqereqere’s ruling before the Prime Minister exercised his right to challenge the decision in the Court of Appeal.
“Because the Hon Prime Minister has taken the matter to the Court of Appeal, it became an issue of the rule of law,” he said.
“But all litigants have the right to appeal decisions and that the legal process must be allowed to run its course.
“As a result of that, we have to await the Court of Appeal decisions.”
He added that the JSC does not dispute the High Court’s ruling but must now defer to the appellate process.
Justice Temo said the judicial authority ultimately rests with the courts as outlined in the Constitution.
“This situation demonstrates the practical operation of the rule of law, with the courts, from the High Court to the Court of Appeal and ultimately the Supreme Court, empowered to determine legal disputes.”
He reiterated that the JSC, as a commission and not a judicial body, must abide by these processes and cannot act until the appeal is resolved.
However, Justice Temo noted that the ongoing court proceedings do not prevent the JSC from engaging with relevant parties to explore a possible resolution, as the matter is civil in nature.
Ms Malimali’s legal counsel, Tanya Waqanika was also seen walking out from the JSC meeting yesterday.
