The Fijian government is preparing to prioritize amendments to the Fiji Independent Commission Against Corruption (FICAC) Act, with the aim of altering the appointing authority for the FICAC Commissioner. This amendment will replace the Judicial Services Commission with the Constitutional Officers Commission. This decision comes in the wake of a ruling by Justice Dane Tuiqereqere, which found the dismissal of Barbara Malimali from her position as FICAC Commissioner to be unlawful.
The extensive 41-page ruling outlines that Prime Minister Sitiveni Ligamamada Rabuka informed the President in May 2025 about the necessity for legislative changes, particularly concerning the ongoing issues related to FICAC’s leadership structure. The Prime Minister urged for swift action to clarify and realign the processes involved in appointing both the Commissioner and Deputy Commissioner of FICAC.
As detailed in the ruling, on May 28, 2025, Prime Minister Rabuka advised the President to suspend Ms. Malimali and referred related complaints to the Fiji Police Force for thorough investigation. Furthermore, he proposed the appointment of either Mr. Eliesa Tuiloma or Ms. Lavenia Rokotika to serve as interim Commissioner until a more permanent resolution is agreed upon.
This legislative action occurs against the backdrop of a Commission of Inquiry report which has led to referrals for police investigations and administrative measures impacting senior officials within FICAC. The High Court has also granted permission for a judicial review of certain elements of the Commission of Inquiry and the ensuing administrative protocols.
In light of the ongoing legal matters, Prime Minister Rabuka has reaffirmed his confidence in the strength of Fiji’s democracy. He stressed the paramount importance of maintaining the rule of law and the independence of institutions, which he considers essential for effective governance. The government remains committed to appealing the court’s ruling and pursuing the proposed amendments to the FICAC Act, showcasing an active engagement in addressing governance challenges.