The Fiji Government has confirmed it will not appeal a recent High Court ruling in the case against former Fiji Independent Commission Against Corruption (FICAC) Commissioner, reaffirming its commitment to the rule of law and judicial independence.
“The Government acknowledges the ruling recently delivered by the High Court in HBJ 5/2025 Barbara Malimali v The President of Fiji and Ors (‘Ruling’) and expresses its appreciation to the Judiciary for its careful and independent adjudication of the matter,” the Government said in a statement.
It said the decision was reached after legal advice and consultations with the President.
“Following due and deliberate consideration, and after obtaining legal advice and further consultations with His Excellency, The President, the Government has resolved that it will not pursue an appeal against the Ruling,” the statement said.
The Government noted that the original decision under review was based on senior legal advice but said it fully accepts the Court’s findings.
“While the decision that was subject of judicial review was made on the basis of legal advice provided by a learned King’s Counsel, the Government fully respects the ruling of the Court,” it said.
The statement said the High Court decision highlighted the importance of the Judiciary’s role within Fiji’s constitutional system.
“The decision of the High Court underscores the vital role of the Judiciary in upholding justice and ensuring fairness for all citizens,” the Government said.
“It is a testament to the strength of Fiji’s legal framework, which enshrines the separation of powers and ensures that judicial decisions are free from political interference,” it said.
The Government said it will respect the next steps outlined by the Court.
“Accordingly, as provided for in the Ruling, the Government acknowledges and respects the constitutional mandate of the Judicial Services Commission to deliberate on the matter and bring it to its conclusion,” the statement said.
Prime Minister Sitiveni Rabuka reaffirmed the Government’s confidence in Fiji’s institutions.
“The Prime Minister Sitiveni Rabuka reiterates the Government’s confidence in Fiji’s democratic institutions and affirms its continued commitment to good governance, accountability, judicial independence and the separation of powers among the three branches of government, said the statement.
