Former Maritime Safety Authority of Fiji chief executive officer Joeli Cawaki has challenged his termination, alleging he was removed unlawfully by the MSAF board without being afforded procedural fairness or compliance with statutory requirements.

At the hearing of Mr Cawaki’s application for leave for judicial review on Wednesday, his lawyer Jagath Karunaratne submitted that his client’s termination on December 5, 2025, was unlawful as it failed to comply with the Maritime Safety Authority Act (MSAA) and the Ships Registration Act, given that he also held the statutory office of shipping registrar.

He argued that Mr Cawaki was not given adequate procedural fairness, including a proper opportunity to respond to allegations, and that his requests for information relating to his removal were not properly addressed.

It was further submitted that removal from the CEO position did not automatically result in the loss of his statutory role as registrar, which required a separate legal process under the relevant legislation.

In response, lawyer for MSAF and its board, Amani Bale argued that the agency acted within its statutory powers under section 31 of the MSA Act, which vests appointment and removal powers in the authority, subject to consultation with ministers.

He said the required consultations were carried out and Mr Cawaki was issued notices, supporting documents, and given opportunities to respond before termination.

Lawyers for the Minister for Public Enterprises and Minister for Transport submitted that no reviewable decision had been made by the ministers, stating they only participated in consultation as required by law and held no independent power to appoint or remove the CEO.

The ministers also relied on the Interpretation Act, which provides that the authority empowered to appoint also holds the power of removal, arguing they were not proper parties to the proceedings.

The respondents further submitted that the applicant had not established grounds for judicial review, maintaining that the termination was lawful, procedural fairness requirements were met, and any grievances should have been pursued through employment dispute mechanisms.

Justice Savenaca Banuve is expected to deliver his ruling within a week, although no exact date has been set.