The ongoing legal battle involving former Fiji Independent Commission Against Corruption (FICAC) Commissioner Barbara Malimali continues to unfold in the Suva High Court. Malimali is contesting her dismissal, which occurred after she was suspended on May 29, 2025, and subsequently dismissed by the President based on advice from Prime Minister Sitiveni Rabuka. Her lawyer, Tanya Waqanika, argues that the proper constitutional processes were not followed in her dismissal.
During the recent hearing before Justice Dane Tuiqereqere, Waqanika asserted that the Prime Minister lacked the authority to act in this manner and that such responsibilities traditionally fall under the jurisdiction of the Judicial Services Commission (JSC). The legal representatives for the Prime Minister and the President maintain that Rabuka was acting within his rights due to what they describe as a state of “constitutional paralysis” in the JSC, which they claim justified the Prime Minister’s intervention.
Malimali’s removal has sparked widespread debate around the extent of presidential powers and the independence of Fiji’s anti-corruption mechanisms. Her initial appointment as FICAC Commissioner on September 5, 2024, has also drawn scrutiny, given the allegations tied to her previous role within the Electoral Commission and ongoing investigations involving Deputy Prime Minister Biman Prasad.
Legal experts and commentators have highlighted that this case is critical in the context of governance in Fiji, identifying it as an opportunity for discussions on enhancing institutional integrity and accountability. It is suggested that the outcome of Malimali’s judicial review could prompt necessary reforms that may bolster public trust in government institutions and processes.
The court has scheduled to deliver its judgment on January 23, 2026, and the anticipation surrounding this ruling reflects broader hopes for a constructive reassessment of governance practices in Fiji. Many observers are optimistic that this case will not only clarify the boundaries of authority within Fiji’s political landscape but also pave the way for improved transparency and integrity in public office.
The current situation demonstrates the significance of robust governance frameworks and the need to uphold principles of democracy and justice within governmental operations. As the legal proceedings continue, there is hope that they will lead to meaningful reforms that fortify the fight against corruption and promote accountability in public service.