The suspension of Barbara Malimali as Fiji Independent Commission against Corruption Commissioner is unlawful, states the Fiji Law Society.
In a statement issued last evening, FLS President Wylie Clarke said President, Ratu Naiqama Lalabalavu, while making the decision to suspend Ms Malimali should have consulted with the Judicial Services Commission (JSC) and not the Prime Minister.
“The Prime Minister has no constitutional role in the appointment or discipline of the Commissioner and Acting Deputy Commissioner of FICAC,” he said.
“The Society does not understand how the Prime Minister believes he can advise His Excellency to suspend Ms Malimali, dismiss the Acting Deputy Commissioner and appoint a new Acting Deputy Commissioner.”
“There is a specific reason why these FICAC appointments are left to the JSC and not to Government Ministers.”
“It is to ensure the “separation of powers”, a critical constitutional concept and fundamental principle of the Rule of Law.”
“Specifically in the case of the FICAC Commissioner’s job, it is to avoid political interference in the affairs of FICAC.”
Mr Clarke added the law states the President acts only on the advice of Cabinet or a Minister or of some other body or authority prescribed by this Constitution for a particular purpose as the body or authority on whose advice the President acts in that case.
“In this case the “prescribed authority” is the JSC. It is not the Prime Minister.”
“It follows that in the absence of any advice or recommendation from the JSC to his Excellency the President in relation to Ms. Malimali, the decision to suspend Ms. Malimali is unlawful.”
