Prime Minister Sitiveni Rabuka will consider stepping down if Government’s appeal of yesterday’s High Court decision fails.
When asked by The Fiji Times whether he would consider stepping down as the court ruling was another ‘step back’ for government, Mr Rabuka acknowledged resignation was firmly on the table.
“I will consider it. I am considering it,” he said.
Pressed on whether resignation was a real option, the Prime Minister was blunt: “Yes. That is an option.”
The Prime Minister took personal responsibility for the advice at the centre of the case distancing others from blame.
“If the appeal process failed, I, then I must, I must admit that I made the wrong decision or gave the wrong advice. Nobody else gave that advice. I made it.”
PM: I have the right to appeal
PRIME Minister Sitiveni Rabuka has defended his decision to appeal the High Court ruling on the dismissal of former FICAC commissioner Barbara Malimali, saying he is exercising his constitutional right as a citizen despite public backlash over the cost of another legal challenge.
Responding to a question by The Fiji Times following an event at the Queen Elizabeth Barracks yesterday, Mr Rabuka acknowledged concerns about the expense of an appeal but said the law applied equally to everyone.
“We are all subject to the law,” he said.
“So is the judge. So, I will have to exercise the right, that I have as a citizen of Fiji. And that is to appeal the decision and take it up through the appeal channels, to the final appellate court of the land, which is the Supreme Court.”
Mr Rabuka also responded to questions about whether he remained confident in the legal advice guiding his government, particularly as the country moves closer to an election.
“This one, I made on my own.”
He said he had verified his position with the Attorney-General but noted that circumstances at the time limited access to some legal advice.
“Because of prevailing circumstances at the time, there were certain areas where I could have, I should have, obtained legal advice from, were rendered… ineffective at the time.”
He said he relied directly on the Constitution in making his decision.
“I had to revert to the Constitution and see what right do I have as a chief executive officer of the land.”
Mr Rabuka cited sections 81 and 82 of the Constitution as the basis for advising the President.


