The Suva High Court has ruled that the dismissal of former Barbara Malimali as Commissioner of the Fiji Independent Commission Against Corruption (FICAC) was unlawful, finding that the Prime Minister did not have the constitutional authority to advise the President to revoke her appointment.
Delivering judgment today, Justice Dane Tuiqereqere upheld Malimali’s judicial review, which challenged her dismissal on June 2, 2025.
Malimali was removed from office following a Commission of Inquiry into her appointment, after the President acted on the advice of Prime Minister Sitiveni Rabuka.
Her counsel, Tanya Waqanika, had argued that under the 2013 Constitution and the FICAC Act, only the Judicial Services Commission (JSC) has the power to advise the President on the appointment, suspension or removal of a FICAC Commissioner.
The State countered that the Prime Minister acted out of “constitutional necessity”, claiming the JSC was effectively paralysed or compromised at the time the decision was made.
Malimali had asked the Court to quash the decision revoking her appointment, reinstate her to office, and award damages for loss of income and damage to her reputation.
Lawyer Tanya Waqanika, who represents former Barbara Malimali, says the High Court’s ruling confirms that the President’s decision to revoke her client’s appointment was ultra vires, or beyond legal authority.
Speaking after judgment was delivered in Suva today, Waqanika said the Court had made it clear that the process used to dismiss Malimali was unlawful.
“What the President did in that decision, acting on the advice given, was ultra vires,” she said.
Waqanika said the Court ruled that matters relating to the appointment or removal of a FICAC Commissioner must be left to the Judicial Services Commission.
“The judge has ruled that this must be left to the Judicial Services Commission, and so the ball is now in their court,” she said.
“We will be taking instructions from our client on the next steps.”
Asked what Malimali would have said had she been present, Waqanika replied light-heartedly: “She would have said a lot of things — she’s a funny one.”
On the implications of the ruling, Waqanika said the Court had clearly affirmed the constitutional role of the JSC.
“The Judicial Services Commission is the rightful body to recommend the appointment and removal of the FICAC Commissioner to the President, not the Prime Minister,” she said.
Waqanika also explained that the judge did not rule on reinstatement at this stage, noting that remedies would be addressed separately following further directions from the Court.
