Counsels for the respondents maintain that the Prime Minister Sitiveni Rabuka was constitutionally correct in advising the President to formally sack former FICAC Commissioner Barbara Malimali’s in line with the Commission of Inquiry’s recommendation.
This was the position of Senior Lawyer Simone Valenitabua acting for Prime Minister Sitiveni Rabuka and Deputy State-Solicitor Eliesa Tuiloma acting for the President and Attorney-General at the hearing of her Judicial review yesterday before Justice Dane Tuiqereqere.
However, Ms Malimali’s lawyer Tanya Waqanika does not agree with this preposition and says that the proper processes to dismiss her client was never followed. Ms Malimali, who was suspended on May 29, 2025 and formally sacked by the President, filed a judicial review application questioning the legality of the President’s decision to revoke her appointment.
Named as respondents in the case are the President, the Prime Minister and the Attorney-General.
Her removal has sparked debate about the scope of presidential powers and the independence of the country’s anti-corruption watchdog.
Ms Malimali, a lawyer and former Human Rights and Anti-Discrimination Commissioner, was appointed to head the Fiji Independent Commission Against Corruption on September 5, 2024.
Ms Malimali is represented by Suva lawyer Tanya Waqanika.
Deputy State-Solicitor Eliesa Tuiloma appeared for President and Attorney-General. While Senior lawyer Simione Valenitabua appeared for Mr Rabuka.
The judgment is scheduled to be delivered on January 23.
