The Fijian government is set to prioritize amendments to the Fiji Independent Commission Against Corruption (FICAC) Act, specifically removing the Judicial Services Commission as the appointing authority and replacing it with the Constitutional Officers Commission. This decision follows a court ruling by Justice Dane Tuiqereqere, which deemed the dismissal of Barbara Malimali as FICAC Commissioner unlawful.
The 41-page ruling disclosed that Prime Minister Sitiveni Ligamamada Rabuka advised the President in May 2025 about the need for legislative changes amid ongoing challenges regarding FICAC’s leadership. The Prime Minister urged the government to act quickly in clarifying and realigning the appointment processes for the Commissioner and Deputy Commissioner of FICAC.
The ruling highlighted that on May 28, 2025, Prime Minister Rabuka instructed the President to suspend Ms. Malimali and referred the complaints against her to the Fiji Police Force for a comprehensive investigation. Further, he suggested that either Mr. Eliesa Tuiloma or Ms. Lavenia Rokotika be appointed to act as interim Commissioner until a permanent solution is finalized.
This situation arises in the backdrop of a Commission of Inquiry report, leading to referrals for police investigations and administrative actions affecting senior officials at FICAC. The High Court has now granted permission for a judicial review of certain aspects of the Commission of Inquiry and the subsequent administrative processes.
Despite the ongoing legal concerns, Prime Minister Rabuka expressed confidence in the resilience of democracy in Fiji. He emphasized the importance of upholding the rule of law and maintaining the independence of institutions, which he views as fundamental to the nation’s governance. The government plans to appeal and engage with the necessary legal avenues to address the court’s ruling and proceed with the proposed changes to the FICAC Act.