The High Court has refused former Maritime Safety Authority of Fiji (MSAF) chief executive officer Joweli Cawaki leave to pursue a judicial review of his dismissal, ruling that he failed to establish an arguable case against the Authority or other respondents.
In a ruling delivered on June 23, Justice Savenaca Banuve dismissed Cawaki’s application to challenge the decision by the MSAF Board to terminate his appointment on December 5, 2025.
Cawaki had argued that his suspension and dismissal were unlawful because he was allegedly denied procedural fairness, including a lawful investigation, disclosure of evidence, and an opportunity to be heard. He also contended that the Board exceeded its statutory powers and failed to properly consult the Ministers responsible for Transport and Public Enterprises before removing him.
Justice Banuve rejected those arguments, finding that Cawaki’s interpretation of the Maritime Safety Authority of Fiji Act and related legislation was legally flawed.
The Court held that the MSAF Board retained the authority to discipline and remove its chief executive officer, provided the statutory requirements were followed, including consultation with the relevant ministers and adherence to the principles of natural justice.
Justice Banuve found the evidence showed Cawaki was aware of the allegations against him, had been provided with an opportunity to respond, and that the disciplinary process complied with procedural fairness.
“The Applicant’s termination was lawful, reasonable and fair and undertaken with due compliance with procedural fairness and natural justice,” the Court noted in summarising the evidence before it.
The ruling also found that consultation with both the Minister for Transport and the Minister responsible for Public Enterprises had taken place before the Board made its decision to terminate Cawaki’s employment.
Justice Banuve concluded that Cawaki had failed to demonstrate any arguable grounds for judicial review and dismissed the application.
