The High Court is anticipated to deliver its ruling on Monday regarding the legitimacy of President Ratu Naiqama Lalabalavu’s decision to dismiss Barbara Malimali from her role as Commissioner of the Fiji Independent Commission Against Corruption (FICAC). This dismissal was influenced by advice from Prime Minister Sitiveni Rabuka.
During a recent session, Justice Dane Tuiqereqere provided assurances to the parties involved that the ruling is nearing completion after experiencing several delays and adjournments. The judge emphasized his dedication to carefully scrutinize the matters involved, having reviewed the comprehensive report generated by the Commission of Inquiry (COI).
Previous court proceedings suggested that the Prime Minister may not have possessed the necessary authority to advise the President on revoking Malimali’s appointment. Alongside the ruling on Malimali, the court will also consider a request for judicial review pertaining to four individuals cited in the COI report. These individuals include Malimali, Fiji Law Society President William Wylie Clarke, former President Laurel Vaurasi, and ex-attorney-general Graham Leung. They are challenging the legitimacy of the COI’s findings and recommendations, seeking a legal order to nullify the report’s conclusions.
The forthcoming ruling underscores not only the ongoing legal struggles surrounding FICAC but also the crucial role of the judiciary in maintaining the rule of law in Fiji. The decisions expected on Monday could have far-reaching effects on governance and accountability, as the nation continues to aim for greater transparency and integrity within its institutions. This scenario reflects a pivotal moment for Fiji’s commitment to uphold democratic principles and the trust of its citizens.