The Judicial Services Commission (JSC) has filed an application for judicial review, seeking to quash the findings and recommendations of the Commission of Inquiry (COI) report into the appointment of the FICAC Commissioner.
FA & Company, which is representing the JSC said in a statement the COI’s conclusions as “perverse” and accused the inquiry of misinterpreting key legal provisions, specifically Section 82 of the 2013 Constitution and Section 5(1) of the FICAC Act 2007.
“In our opinion, its findings and recommendations are inconsistent with the evidence that was before the COI,” said Principal Lawyer Isireli Fa.
The JSC argues that the COI’s interpretation of the Constitution and the FICAC Act has undermined its constitutional role, and warned that if not corrected, it could “result in a constitutional crisis in Fiji in the near future.”
The application for judicial review, filed on September 17, 2025, seeks an Order of Certiorari to formally quash the COI’s conclusions, along with a series of declarations.
The JSC also condemned the public use of the COI report since its release in June, alleging that its findings have been “weaponised” against JSC officers.
“Criticism levelled against them have no merits and will be purged in these proceedings,” the statement said.
“This is unfortunate as any evidence before the Commission of Inquiry prima facie, cannot be in any court proceedings subject to exceptions in the COI Act 1946. Criticism levelled against them have no merits and will be purged in these proceedings.”
FA & Company warned those politicising the COI report that the JSC “may take legal action” if the attacks persist.
Relevant parties are expected to be served shortly.
