Fiji’s Prime Minister Sitiveni Rabuka has stated he would contemplate resigning if the government’s appeal against a High Court decision regarding the dismissal of former Fiji Independent Commission Against Corruption (FICAC) commissioner Barbara Malimali is unsuccessful. This statement follows a ruling made by Justice Dane Tuiqereqere, who declared that Malimali’s dismissal was unlawful.
Justice Tuiqereqere pointed out that the Constitution explicitly designates the FICAC commissioner as being appointed by the President based on the advice of the Judicial Services Commission (JSC), which means Rabuka lacked the legal authority to recommend the revocation of Malimali’s appointment.
In light of the ruling, Rabuka responded to questions about the possibility of his resignation, acknowledging, “I will consider it. I am considering it.” He elaborated that if the appeal fails, it would indicate that he had given incorrect advice. “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 emphasized.
Regarding the decision-making process within his administration, Rabuka clarified that the choice to dismiss Malimali was made by him personally, involving consultations with the then Attorney-General and reflecting on the unique circumstances at the time. He admitted that he should have sought additional legal advice, which was complicated by certain factors at that moment.
He noted that the constitutional provisions allowed him to offer advice to the President, suggesting he relied on sections 81 and 82 of the Constitution, which govern the roles of the Prime Minister and the President.
Additionally, Prime Minister Rabuka mentioned that he plans to meet with President Ratu Naiqama Lalabalavu to discuss the implications of the High Court ruling, indicating he would set an appointment before their meeting. He confirmed that the issue would also be addressed during the Cabinet meeting scheduled for the following day, allowing for further discussions on the potential outcomes stemming from the court’s decision.
The Government is currently weighing its options regarding an appeal, highlighting the serious implications of this ruling for both the legal landscape and the political environment in Fiji. The unfolding situation has the potential to reshape perceptions of governance accountability in the nation, invoking hope for a more transparent political process.