Fiji’s Prime Minister Sitiveni Rabuka has expressed that he would consider resigning if the government’s appeal against a recent High Court ruling regarding the dismissal of former Fiji Independent Commission Against Corruption (FICAC) commissioner Barbara Malimali is not successful. This follows a decision by Justice Dane Tuiqereqere, which deemed Malimali’s dismissal unlawful.
Justice Tuiqereqere affirmed that the FICAC commissioner is appointed by the President based on the advice of the Judicial Services Commission (JSC), indicating that Rabuka did not possess the legal authority to recommend the termination of Malimali’s appointment.
In response to inquiries about his potential resignation, Rabuka remarked, “I will consider it. I am considering it,” emphasizing that a failed appeal would suggest he had given incorrect advice regarding the dismissal. “Yes. That is an option. If the appeal process fails then I must admit that I made the wrong decision or gave the wrong advice. Nobody else gave that advice. I made it,” he stated.
The Prime Minister also clarified that the dismissal decision was made personally and followed consultations with the then Attorney-General, acknowledging that he should have sought further legal guidance due to the complexities surrounding the situation at the time.
Rabuka referenced sections 81 and 82 of the Constitution, which delineate the powers of the Prime Minister and President, asserting that he acted within his constitutional rights.
Furthermore, he indicated intentions to meet with President Ratu Naiqama Lalabalavu to discuss the implications of the High Court’s decision and confirmed that the matter would be on the agenda during the upcoming Cabinet meeting.
As the Government evaluates its options for an appeal, the ramifications of this ruling could significantly impact the legal and political landscape in Fiji. This unfolding situation carries the potential for fostering greater accountability in governance, introducing newfound hope for a more transparent political framework within the nation.