The Judicial Services Commission (JSC) has announced plans to engage with key stakeholders following a High Court ruling that deemed the revocation of Barbara Malimali’s appointment as Commissioner of the Fiji Independent Commission Against Corruption (FICAC) unlawful.
In a statement released today, the JSC highlighted the findings of Justice Dane Tuiqereqere, who ruled that the advice from the Prime Minister and the President’s decision on June 2, 2025, to revoke Malimali’s appointment was unlawful and exceeded legal boundaries. However, the court chose not to reinstate Malimali as Commissioner, indicating that this matter is now under the constitutional purview of the JSC.
The court did not award any general or special damages, observing that any losses incurred by Malimali will depend on the JSC’s forthcoming decisions concerning her status from June 2, 2025.
After considerable discussion during its latest meeting, the JSC resolved to invite Malimali, her legal representation, the Solicitor-General on behalf of the State, as well as attorneys representing the Prime Minister, to provide input regarding adherence to the High Court’s directives. Following these consultations, the Commission plans to craft independent recommendations for the President in response to the court’s ruling.
The JSC has committed to expediting the resolution of all matters related to Malimali’s position as FICAC Commissioner, aiming to finalize decisions by March 31, 2026. This proactive approach reflects the Commission’s dedication to ensuring a fair and thorough examination of the issues surrounding Malimali’s appointment.