The High Court has ruled that the Judicial Services Commission (JSC) is not required to act on or comply with the findings and recommendations of a Commission of Inquiry (COI), reinforcing the Commission’s independent constitutional role.
In his judgment yesterday that declared Barbara Malimali’s termination as FICAC Commissioner unlawful, Justice Dane Tuiqereqere said the JSC alone is empowered to advise the President on matters relating to the appointment or removal of the Fiji Independent Commission Against Corruption (FICAC) commissioner.
“JSC is not required to action or comply with the findings and recommendations of COI,” Justice Tuiqereqere said.
He stressed that while the COI’s work may be considered, the JSC must make its own independent assessment of the evidence and recommendations before deciding whether any action is warranted.
“JSC must independently decide itself what to make, if anything, of the COI evidence, findings and recommendations as they pertain to the appointment of Ms Malimali,” the judge said.
Justice Tuiqereqere explained that if the JSC were to contemplate revocation, termination or removal, it must follow the proper constitutional and contractual procedures, including those set out under Section 112 of the Constitution, which governs the removal of judges.
He noted that Section 112 requires the establishment of a tribunal to investigate allegations of misbehaviour and report to the President with a recommendation.
Justice Tuiqereqere said adherence to these safeguards is essential to protect institutional independence and uphold the rule of law.
