Lawyer Tanya Waqanika, representing former FICAC Commissioner Barbara Malimali, is advocating for immediate legal action following a High Court ruling that questions the legitimacy of the current Acting FICAC Commissioner. In a recent social media statement, Waqanika urged the Judicial Services Commission (JSC) to act swiftly, recommending that the Acting Commissioner be directed to vacate her role. She cautioned that remaining in office could potentially render her a trespasser under the law.
Waqanika emphasized the need for clarity, stating, “If I was JSC, I would write to the Acting Commissioner and tell her to vacate the office today; failing which, she could be a trespasser in law and without authority.” She further claimed that any actions or decisions taken by the Acting Commissioner would be deemed unlawful if her appointment is indeed invalid.
The lawyer has raised concerns about the legitimacy of the Acting Commissioner’s appointment, referring to it as “ultra vires.” She highlighted that even any advice offered to the President regarding the Acting Commissioner would be ineffective if the initial appointment violated legal principles. “Advising the President is meaningless as it carries no weight as his appointment of the Acting Commissioner was illegal to start with,” Waqanika stated.
Waqanika also addressed allegations of misconduct against Malimali, reminding that due process must be observed in such cases. She suggested that if the JSC finds any merit to the allegations, it should convene a tribunal for a fair examination, noting that Malimali has already been cleared by a legal opinion from KC Lloyd.
Additionally, Waqanika referred to a specific paragraph in the High Court ruling that she believes restricts presidential powers to act solely based on proper constitutional advice. Her statements reflect a call for the immediate reassessment of decisions made post-termination and advocate for a return to legally compliant procedures amid ongoing legal scrutiny following the court’s decision.
As the JSC convenes at the Judiciary complex, Waqanika’s call for accountability and adherence to legal protocols serves as a crucial reminder of the importance of maintaining integrity within governmental structures. The developments in this case may significantly influence the future of FICAC and restore public confidence in its operations.