The High Court has decided to delay proceedings regarding the Judicial Services Commission’s (JSC) effort to challenge the findings of a Commission of Inquiry (COI) until November 7. This postponement is aimed at serving Judge Ashton Lewis, who is based overseas. Justice Dane Tuiqereqere has indicated plans to set a hearing before the end of the year concerning the JSC’s application to nullify the COI’s report. This report scrutinized Barbare Malimali’s appointment as Commissioner of the Fiji Independent Commission Against Corruption (FICAC).
Representing the JSC, FA & Company’s principal, Isireli Fa, communicated to the court that affidavits were submitted to the offices of the Prime Minister, Attorney General, and President. Fa argues that the COI’s findings, which assess the JSC’s actions and interpretations of laws regarding FICAC’s appointment powers, are inconsistent with the evidence available to the COI. The JSC particularly disputes the interpretations of several legal provisions under the FICAC Act 2007 and the 2013 Constitution of Fiji, which outline the JSC’s role in advising presidential appointments such as the FICAC Commissioner.
This issue is part of a broader challenge to the COI’s findings, which the JSC believes potentially undermine its constitutional duties. The COI’s report has, in the JSC’s view, been used against its members, an application for judicial review was filed to contest and potentially annul this report. The debate highlights ongoing legal and constitutional questions in Fiji, particularly concerning judicial independence and accountability within governance frameworks.
As this legal matter continues, there is an opportunity for clarifying constitutional roles and reinforcing transparency and integrity in public service appointments. These proceedings could lead to significant reforms that improve governance and fortify public trust in Fiji’s institutions. The outcome of this case will be significant for the governance structure, potentially easing tensions surrounding judicial interpretations and reinforcing democratic principles in Fiji.