The Judicial Services Commission (JSC) has remained silent since the delivery of the Commission of Inquiry (COI) report on the investigation and appointment of Barbara Malimali as Commissioner of the Fiji Independent Commission Against Corruption (FICAC).
Questions emailed by this newspaper last week to the office of the Chief Justice and chair of the JSC, Justice Salesi Temo, have gone unanswered as controversy grows over Ms Malimali’s suspension last week. Yesterday Prime Minister Sitiveni Rabuka announced that the President had now rescinded the suspension and revoked her appointment, leaving her without a job.
Last week President Ratu Naiqama Lalabalavu rescinded the appointment of Acting FICAC Deputy Commissioner Lisiale Fotofili, returning him to his former position as Magistrate.
However Mr Rabuka’s statement yesterday said that Mr Fotofili’s appointment as acting Deputy Commissioner had now been “revoked”. Mr Rabuka said this was “in accordance with the first recommendation in Chapter 8 of the COI Report”.
Mr Rabuka’s announcement yesterday did not say that the President’s decisions were made on the PM’s advice.
Nor has this newspaper been able to get answers from the JSC on whether it advised the President on his appointment last week of the new Acting Commissioner, former Cook Islands lawyer Lavinia Rokoika.
The FICAC Act says that the FICAC Commissioner is appointed by the President on the recommendation of the JSC.
The Fiji Law Society has criticised the involvement of the Prime Minister in advising the President on last week’s decisions, saying that decisions on FICAC appointments and terminations were the role of the JSC.
“Specifically in the case of FICAC Commissioner’s job, (this) is to avoid political interference in the affairs of FICAC,” the Society said in a statement on Sunday.
FLS president William Wylie Clarke told this newspaper on Saturday that the decisions on FICAC appointments and terminations had to involve the JSC, to be lawful.
The JSC has six members.
They are Chief Justice Temo as its chair, Court of Appeal President Justice Isikeli Mataitoga, Permanent Secretary for Justice Selina Kuruleca, and private lawyer Shoma Devan and lay member Vani Catanasiga, both of whom are appointed by the President on the advice of the Chief Justice following consultation with the Attorney-General.
