The Judicial Services Commission (JSC) has reaffirmed its dedication to promptly resolving the issues regarding Barbara Malimali’s position as Commissioner of the Fiji Independent Commission Against Corruption (FICAC). The JSC aims for a resolution before March 31, following a recent High Court ruling that declared the President’s decision to remove Ms. Malimali, based on advice from the Prime Minister, as unlawful.
Tomasi Bainivalu, the secretary of the JSC, announced that in light of the ruling, the commission convened to carefully review the situation. They will invite Ms. Malimali, her legal counsel, the Solicitor-General, and a representative from the Prime Minister’s office to engage in discussions to ensure compliance with the court’s orders. After these consultations, the JSC plans to collaborate with Acting Attorney-General Siromi Turaga to present independent recommendations to the President, aiming to settle all matters relating to Ms. Malimali by the end of March.
Ms. Malimali, who previously held the role of Human Rights and Anti-Discrimination Commissioner, took charge of FICAC on September 5, 2024. Her removal has ignited significant discussions regarding the limits of presidential powers and the autonomy of anti-corruption agencies. Notable legal figures, including Chief Justice Salesi Temo and Chief Registrar Tomasi Bainivalu, attended the recent JSC meeting, underscoring the importance of this issue.
The decisive response from the JSC emphasizes the vital role of maintaining judicial integrity and the need for anti-corruption bodies to operate independently, essential for upholding public trust in governance. As developments continue, this situation highlights a commitment to the rule of law and accountability within Fiji’s institutional framework, fostering a hopeful outlook for the future of governance in the nation.