THE President has been formally added as a second respondent in Prime Minister Sitiveni Rabuka’s second legal attempt to suspend a landmark High Court ruling that found the removal of FICAC Commissioner Barbara Malimali unlawful.
Court of Appeal judge Chandana Prematilaka granted the Office of the Attorney-General’s (OAG) application for the President to be joined as a party when the stay application was called yesterday. A hearing date is yet to be fixed.
Ms Malimali’s lawyer, Samuela Savu raised no objection to the application, but maintained strict opposition to Mr Rabuka’s stay application, confirming an affidavit in opposition has been filed.
State lawyer Grace Heano, representing the OAG, requested time to file a response and indicated an amended summons would be filed to formally include the OAG as a third respondent.
The stay application is separate from Mr Rabuka’s substantive appeal against Justice Dane Tuiqereqere’s February 2 judgment. That ruling determined Mr Rabuka did not have constitutional authority to advise President Ratu Naiqama Lalabalavu in June 2025 to revoke Ms Malimali’s appointment, holding that such authority rested solely with the Judicial Services Commission.
Mr Rabuka turned to the Court of Appeal after the High Court dismissed his initial stay application in June.
The matter has been adjourned to October 5 for mention.
