Former FICAC Commissioner, Barbara Malimali's leave for judicial review against the President, Prime Minister and Attorney General has been granted by Suva High Court Judge Justice, Dane Tuiqereqere today.
This application is dealing with the judicial review of the powers of the President, Ratu Naiqama Lalabalavu in terminating Malimali’s employment based on the advice of Prime Minister, Sitiveni Rabuka.
This means the court can review Malimali’s legal argument that the President did not have the authority under the Constitution to sack Malimali as FICAC Commissioner after the advice by the Prime Minister.
Prime Minister Rabuka had first announced Malimali’s suspension and then announced that the President had dismissed her after his advice.
These developments took place after the assessment of the Commission of Inquiry report.
Justice Tuiqereqere denied Malimali’s application for stay, stating that doing so could risk judicial interference in the functioning of key constitutional institutions.
He also ruled that Malimali is entitled to $1,500 in costs, which must be paid by the respondents.
He says the Commission of Inquiry had highlighted concerns that the Judicial Services Commission was constitutionally paralysed at that time.
The State had argued that the Prime Minister could legitimately act in place of the JSC, and the President acted on that advice.
Justice Tuiqereqere clarified that his decision does not imply that the President and Prime Minister clearly acted unlawfully.
The matter is adjourned to next Monday for the judge to look at the COI report and what the counsels have to say about it.
The timeframe for the filing of the submissions and the hearing date will be set next Monday as well.
