Prime Minister Sitiveni Rabuka’s legal team has submitted a strike-out application in connection with a judicial review initiated by former Fiji Independent Commission Against Corruption (FICAC) Commissioner Barbara Malimali. This legal challenge centers on a recent Commission of Inquiry (COI) report that Malimali seeks to contest. The application, spearheaded by attorney Simione Valenitabua, was presented to Justice Dane Tuiqereqere, who is overseeing the case.
Valenitabua contends that Malimali’s case lacks a reasonable cause of action and benefits from statutory immunity under Section 11 of the Commissions of Inquiry Act 1945. This provision states that “No evidence taken under the Act shall be admissible against any person in any civil or criminal proceeding whatsoever,” presenting a significant hurdle for Malimali’s application, which the Prime Minister’s attorney argues is a civil proceeding rendered unsustainable by this statutory prohibition.
In his appeal, Valenitabua seeks not only to have Rabuka removed as a party in the proceedings but also aims to strike out Malimali’s pleadings and impose costs against her. Justice Tuiqereqere has established a timeline, requiring Mr. Valenitabua to submit further materials by November 28, while the applicant and other parties are expected to file their submissions by December 3.
Malimali is contesting the legality and validity of the Ashton-Lewis COI report, attempting to quash its findings and recommendations. She is one of four individuals implicated in the report who are pursuing judicial review through separate legal channels. The court is scheduled to adjudicate on the strike-out application in conjunction with the request for leave to apply for judicial review on December 12.
This ongoing legal battle underscores challenging governance issues in Fiji, particularly concerning the roles of the President and the Judicial Services Commission in the processes of FICAC appointments and dismissals. The public is increasingly invested in these developments, especially following previous allegations about Malimali’s quick appointment and her subsequent dismissal.
The judicial proceedings represent a critical opportunity for discussion surrounding accountability and reform in Fiji’s political landscape. Many observers are optimistic that the outcomes of this legal confrontation may inspire essential changes, which could enhance institutional integrity and foster greater public trust in governance systems. As these legal matters unfold, they have the potential to serve as a catalyst for significant reforms that enhance transparency and bolster public confidence in government functions.