Lawyer Tanya Waqanika, who represents former FICAC Commissioner Barbara Malimali, has hinted at the legal outcome her client is seeking following the High Court ruling, calling for swift corrective action by authorities.
In a detailed social media post, Ms Waqanika suggested that the Judicial Services Commission should immediately direct the Acting FICAC Commissioner to vacate office, warning that continued occupancy could amount to acting without legal authority.
“If I was JSC, I would write to the Acting Commissioner and tell her to vacate the office today and failing which, she could be a trespasser in law and without authority,” she said.
Ms Waqanika also indicated that any decisions, charges or procedural orders issued by the Acting Commissioner should be treated as unlawful.
She questioned the validity of the Acting Commissioner’s appointment, describing it as ultra vires, and argued that even advising the President on the matter would have no legal effect if the original appointment was unlawful.
“Advising the President is meaningless as it carries no weight as his appointment of the Acting Commissioner was illegal to start with,” she said.
Addressing claims of alleged misconduct against Ms Malimali, Ms Waqanika said due process must be followed if any concerns remain.
“If the JSC sees that there is an ‘alleged behaviour’ against BM, notwithstanding that she has been cleared by the legal opinion of KC Lloyd, due process again follows through. Convene a tribunal.”
She also highlighted paragraph 57 of the High Court ruling, which she says clearly limits presidential authority to acting on proper advice under the Constitution.
Ms Waqanika’s comments indicate a push for the immediate reversal of post-termination decisions and a return to constitutionally compliant processes, as legal and political scrutiny continues following the court’s decision.
The JSC is meeting this hour at the Judiciary complex.
