Prime Minister Sitiveni Rabuka has filed an appeal against a recent High Court ruling concerning the appointment and revocation of Barbara Malimali as Commissioner of the Fiji Independent Commission Against Corruption (FICAC), outlining four main legal grounds for the challenge.
In a statement, Mr Rabuka confirmed that a Notice and Grounds of Appeal (Civil Appeal No. 021 of 2026) was filed with the Court of Appeal registry in Suva on 11 March 2026.
According to the Prime Minister, the appeal raises significant constitutional and legal questions regarding the governance of Fiji’s independent institutions.
“This appeal raises fundamental questions of constitutional interpretation, the rule of law, and the integrity of Fiji’s independent institutions,” the statement said.
Mr Rabuka said the appeal is based on four key legal principles.
The first ground relates to constitutional supremacy, with the Prime Minister arguing that the High Court misinterpreted Section 82 of the 2013 Constitution.
“The appeal argues that the High Court misinterpreted section 82 of the 2013 Constitution,” the statement said.
Mr Rabuka maintains that ordinary legislation, including the FICAC Act 2007, cannot override the Constitution’s provisions governing executive advice.
The second ground concerns the integrity of the appointment process, with the appeal claiming the original recommendation for the FICAC commissioner role was flawed.
“The appeal submits that appointments to high office must be free from material non-disclosure and not tainted by non-compliance with appointment procedures,” the statement said.
According to the Prime Minister, this meant the appointment was void from the outset.
The third argument focuses on the duty of the Executive to act, particularly when state institutions are unable to perform their functions.
“The appeal emphasises the finding of the Independent Commission of Inquiry that the Judicial Services Commission was compromised in its handling of the appointment,” the statement said.
Mr Rabuka argues that advising the President to revoke the appointment was necessary to protect the integrity of the State.
The fourth ground challenges aspects of the High Court’s judicial review decision, particularly the application of the de facto doctrine.
“The appeal also challenges the High Court’s decision concerning the exercise of discretionary relief and the use of the de facto doctrine,” the statement said.
Rabuka had earlier indicated that the Government would not appeal the ruling but has since decided to proceed with the case.
“As a firm adherent of the rule of law and the judicial appellate process, the Prime Minister has decided to instruct legal counsel to appeal,” the statement said.
The Prime Minister said the matter will now be determined by the Court of Appeal.
