PRIME Minister Sitiveni Rabuka’s second legal attempt to obtain a stay suspending a landmark High Court ruling that found the removal of FICAC Commissioner Barbara Malimali unlawful pending his appeal against the ruling, was called in the Court of Appeal yesterday.
The matter was called before Justice of Appeal Chandana Prematilaka yesterday for mention.
During the mention, the Office of the Attorney-General was formally added as the third respondent to the appeal. This follows the earlier joinder of the President as the second respondent.
The judge also directed the Prime Minister to file written submissions in support of his stay application by October 10.
The respondents have been directed to file their submissions by November 16.
The matter has been adjourned to December 7 for further mention.
Mr Rabuka is appealing against Justice Dane Tuiqereqere’s February 2 judgment which ruled that Mr Rabuka did not have the constitutional authority to advise President Ratu Naiqama Lalabalavu in June 2025 to revoke Ms Malimali’s appointment as FICAC Commissioner.
The judgment found that the Judicial Services Commission had the authority to make such a decision.
Following his appeal to the Court of Appeal, Mr Rabuka initially sought a stay on the ruling from the High Court but this was dismissed by Justice Tuiqereqere.
