The Suva High Court has ruled that the dismissal of former Barbara Malimali as Commissioner of the Fiji Independent Commission Against Corruption (FICAC) was unlawful, finding that the Prime Minister did not have the constitutional authority to advise the President to revoke her appointment.
Delivering judgment today, Justice Dane Tuiqereqere upheld Ms Malimali’s judicial review, which challenged her dismissal on June 2, 2025.
Ms Malimali was removed from office following a Commission of Inquiry into her appointment, after the President acted on the advice of Prime Minister Sitiveni Rabuka.
Her counsel, Tanya Waqanika, had argued that under the 2013 Constitution and the FICAC Act, only the Judicial Services Commission (JSC) has the power to advise the President on the appointment, suspension or removal of a FICAC Commissioner.
The State countered that the Prime Minister acted out of “constitutional necessity”, claiming the JSC was effectively paralysed or compromised at the time the decision was made.
Ms Malimali had asked the Court to quash the decision revoking her appointment, reinstate her to office, and award damages for loss of income and damage to her reputation.
Further orders on remedies are expected to follow.
More details to follow soon.
