Lawyer Tanya Waqanika, representing former FICAC Commissioner Barbara Malimali, is pushing for prompt legal measures following a High Court ruling that raises questions about the legitimacy of the current Acting FICAC Commissioner. Waqanika issued a statement on social media urging the Judicial Services Commission (JSC) to act decisively by directing the Acting Commissioner to resign. She warned that remaining in her position could lead to trespassing under the law.
Waqanika emphasized the importance of clarity in this matter, stating, “If I were the JSC, I would write to the Acting Commissioner and instruct her to vacate the office today; otherwise, she risks becoming a trespasser in law and without authority.” She asserted that any decisions made by the Acting Commissioner could be rendered unlawful if her appointment is indeed invalid.
Raising concerns about the legality of the Acting Commissioner’s appointment, Waqanika described it as “ultra vires.” She pointed out that any advice provided to the President regarding this appointment would be ineffective if the original appointment breached legal standards. “Advising the President is meaningless as it bears no weight since his appointment of the Acting Commissioner was illegal to begin with,” Waqanika remarked.
Moreover, she addressed the allegations of misconduct against Malimali, underscoring the necessity of due process in such situations. Waqanika proposed that if the JSC finds substance to the allegations, it should establish a tribunal to conduct a fair examination, recalling that Malimali has previously received a legal clearance from KC Lloyd.
In her comments, Waqanika referred to a particular paragraph in the High Court ruling that she interprets as limiting presidential powers to act only on proper constitutional advice. Her statements underscore the urgent need for a reevaluation of actions taken following Malimali’s termination and advocate for a return to lawful practices amid ongoing legal scrutiny stemming from the court’s decision.
As the JSC meets at the Judiciary complex, Waqanika’s call for accountability and adherence to legal standards highlights the vital importance of maintaining integrity within governmental frameworks. The outcome of this case could significantly shape the future of FICAC and help restore public trust in its functions.