The High Court is set to announce its decision on Monday regarding the legality of President Ratu Naiqama Lalabalavu’s authority to terminate Barbara Malimali’s appointment as Commissioner of the Fiji Independent Commission Against Corruption (FICAC), based on advice from Prime Minister Sitiveni Rabuka.
During a hearing this afternoon, Justice Dane Tuiqereqere reassured the involved parties that he is nearing completion of the ruling, which has faced delays and adjournments. The judge expressed his commitment to thoroughly examining the issues at hand, having read the extensive report from the Commission of Inquiry (COI) in its entirety.
Past hearings indicated that the Prime Minister lacked the authority to advise the President in revoking Malimali’s appointment. In addition to this ruling concerning Malimali, the court will also address a request for judicial review related to four individuals mentioned in the COI report. Those seeking review include Malimali herself, Fiji Law Society President William Wylie Clarke, former President Laurel Vaurasi, and ex-attorney-general Graham Leung. The applicants are contesting the validity of the COI report and are requesting a legal order to invalidate its findings and recommendations.
This announcement of the impending ruling not only highlights the ongoing legal battles surrounding FICAC but also illustrates the judiciary’s role in upholding the rule of law in Fiji. The decisions made on Monday may have significant implications for governance and accountability as the nation navigates its commitment to transparency and integrity within its institutions.