THE High Court will deliver its decision on November 10 on permanent stay applications challenging the Fiji Independent Commission Against Corruption’s (FICAC) authority to prosecute Professor Biman Prasad and lawyer Tanya Waqanika.
Representing Ms Waqanika and Prof Prasad, lawyers Barbara Malimali and Richard Naidu argued that FICAC lacks statutory jurisdiction under the Political Parties Act. They contended that charges involving a 2024 Facebook post and 2015–2016 annual compliance declarations are unrelated to corruption or specific elections, and that allowing an unauthorised agency to prosecute would bring the administration of justice into disrepute.
Opposing the applications, FICAC manager legal Joseph Work and prosecutor Susan Serukai maintained that FICAC derives broad investigative and prosecutorial powers from Section 2A of the FICAC Act, constitutional provisions, and Section 18 of the Electoral Act.
They argued these laws establish an integrated framework empowering FICAC to handle matters affecting public governance and democratic integrity.
Justice Thushara Rajasinghe will deliver his decision on November 10.
