Why Malimali is suspended and not terminated, will JSC be held accountable and how can PM say Fotofili will return to judicial role - Kumar

Opposition MP, Premila Kumar says the Prime Minister’s announcement to suspend Barbara Malimali as FICAC Commissioner stops short of confirming whether her appointment was found to be improper or unlawful.

Kumar says if irregularities were identified: why has Malimali been suspended rather than terminated.

She asks on what grounds has Malimali's file been referred to the Fiji Police.

Kumar asks what is the nature of the allegations under investigation as the public has a right to clarity on these matters.

She says they deserve full transparency on whether any breaches of law or ethics occurred, and whether those breaches warrant more than a temporary suspension.

Kumar adds Malimali’s appointment was made by the President, on the recommendation of the Judicial Services Commission, chaired by the Chief Justice.

She says if the appointment process failed to meet legal or ethical standards, then her appointment should have been revoked.

The Opposition MP says the accountability must also extend to the JSC, including its Chair and members.

She asks will the JSC Chair and Commissioners also be held accountable. Kumar also says it remains unclear whether Malimali has been suspended on full pay or without pay.

She asks if her appointment did not meet legal standards, is continued remuneration justified.

Kumar says this ambiguity must be resolved to avoid perceptions of preferential treatment or waste of public funds.

She says suspension, however, implies Malimali remains an officer of FICAC until further notice.

Kumar also raises the issue that while the revocation of the Deputy FICAC Commissioner, Lisiate Fotofili’s appointment is appropriate, his reinstatement to a judicial role is deeply problematic.

Kumar says Fotofili had resigned from the judiciary to take up a 3-year FICAC contract.

She says reinstatement without a formal application and vetting process, especially if his previous post has been filled, raises legal and ethical concerns.

She says it also sets a dangerous precedent and raises questions about the integrity of judicial appointments.

Kumar says if due process was not followed, both the appointees and those responsible for their appointments must be held accountable.

She urges the Prime Minister to publicly release the full COI report and outline the government’s plan for implementing the remaining recommendations.

Prime Minister Rabuka had earlier said to fijivillage News that he will not make any further comments for now.

We have sought a response from him.