Another twist in the aftermath of the Commission of Inquiry report into the appointment of Barbara Malimali as FICAC Commissioner today as Prime Minister, Sitiveni Rabuka confirms that President, Ratu Naiqama Lalabalavu has rescinded Malimali’s suspension and also revoked her appointment as Commissioner of FICAC.
Rabuka says the President has informed him that he has reviewed his decision of 29th May 2025, with regard to the suspension of Malimali as Commissioner of FICAC, and the rescission of the appointment of Lisiate Fotofili as Acting Deputy FICAC Commissioner and his return to his substantive position in the Judiciary, and taken further decisions. The Prime Minister says after careful consideration, the President has decided to revoke Malimali's appointment as FICAC Commissioner.
He says this is to implement the first recommendation in Chapter 8 of the COI Report in accordance with the legal advice from Professor Phillip Joseph KC; and also to withdraw the rescission of the appointment of Lisiate Fotofili as Acting Deputy FICAC Commissioner and his return to his substantive position in the Judiciary, and instead, revoke his appointment as Acting Deputy Commissioner FICAC, in accordance with the first recommendation in Chapter 8 of the COI Report.
Rabuka confirms both decisions are effective immediately.
The Fiji Law Society had earlier said it appears that both Prime Minister Rabuka and President, Ratu Naiqama Lalabalavu have been poorly advised on their powers in dealing with issues after the Commission of Inquiry report in relation to the appointment of Barbara Malimali as FICAC Commissioner.
Law Society President, Wylie Clarke said according to a statement issued by the Prime Minister on 29th May 2025, the President appears to have decided to suspend Malimali, dismiss the Acting Deputy Commissioner (and appoint him Magistrate), and appoint a new Acting Deputy Commissioner on the advice of the Prime Minister.
Clarke says if that is so, these actions are not constitutional or lawful.
He stresses that the Prime Minister has no constitutional role in the appointment or discipline of the Commissioner and Acting Deputy Commissioner of FICAC.
Clarke says that is the role of the Judicial Services Commission.
As a result, the Society does not understand how the Prime Minister believes he can advise the President to suspend Malimali, dismiss the Acting Deputy Commissioner and appoint a new Acting Deputy Commissioner.
We had sent questions to Prime Minister Rabuka on who is giving legal advice to him and the President, and whether he will relook at the issues at hand based on the Law Society saying that both he and the President are acting outside the Constitution.
He is yet to comment but the legal decisions were reviewed today.
