Fiji’s Prime Minister Sitiveni Rabuka is weighing his options following a High Court ruling regarding former Fiji Independent Commission against Corruption (FICAC) Commissioner Barbara Malimali, according to Information Minister Lynda Tabuya. During a media briefing after the Cabinet meeting, Tabuya mentioned that the Prime Minister is currently assessing the implications of the judgment, delivered recently, and whether to appeal the decision.
Under the legal framework in Fiji, any citizen is permitted to challenge a High Court ruling by appealing to the Fiji Court of Appeal, and potentially to the Supreme Court thereafter. Tabuya highlighted that the Prime Minister retains this option for an appeal if he chooses to proceed.
Importantly, the High Court did not grant a reinstatement of Malimali to her former position as Commissioner, nor did it award the general or special damages that were being sought in her case. Instead, the court opted to refer these matters to the Judicial Services Commission (JSC) for further consideration.
Tabuya noted, “At this point, the Prime Minister is looking at the available options, including awaiting the Judicial Services Commission to convene and make its decisions regarding Ms. Malimali moving forward.” She reiterated the JSC’s independent operational framework, emphasizing that any decisions it makes will be taken into account by the Prime Minister before moving forward.
The government has a 41-day window during which an appeal can be lodged, which indicates that any forthcoming directives or decisions from the JSC will play a crucial role in guiding the Prime Minister’s final decision on whether to appeal the High Court’s ruling. This situation highlights the complexities of legal proceedings in Fiji and the ongoing developments that are likely to unfold in response to the JSC’s actions.