Former Maritime Safety Authority of Fiji (MSAF) chief executive officer Joweli Cawaki has lost his bid to appeal a High Court ruling refusing him permission to challenge the termination of his appointment.
In a ruling delivered on October 16, Justice Savenaca Banuve dismissed Mr Cawaki’s application for leave to appeal against an earlier decision delivered on June 23, 2026.
The court also ordered Mr Cawaki to pay $4,000 in legal costs, comprising $1,000 each to four respondents, within 21 days.
Mr Cawaki had sought to challenge the termination of his appointment by MSAF’s Board of Directors on December 5, 2025.
He argued that the High Court had incorrectly applied the legal test for judicial review and failed to properly consider questions surrounding ministerial consultation and procedural fairness.
However, Justice Banuve found that Mr Cawaki had failed to demonstrate an arguable case with a realistic prospect of success.
“The Court ruled that the grounds advanced by the Applicant had no realistic chance of success,” Justice Banuve stated.
The judge rejected Mr Cawaki’s interpretation that ministers held decision-making powers over his removal.
He ruled that the authority to terminate the chief executive rested with MSAF, while the ministers’ statutory role was limited to consultation.
“The duty to consult the Ministers prior to removal of the CEO is vested on the Authority as the appointing authority.”
Justice Banuve also identified procedural deficiencies in the appeal application, including the absence of a properly entered court order.
The application was refused on jurisdictional grounds and, alternatively, dismissed on its merits.
“The Court sees no basis for granting leave to appeal and it is refused,” he ruled.
The judge further observed that the lengthy ruling resulted not from the complexity of the case but from an inadequate understanding of the legal requirements governing judicial review applications.
Mr Cawaki’s application to stay the earlier orders was also dismissed.
