The Attorney-General’s Office has joined Prime Minister Sitiveni Rabuka’s appeal as the third respondent in the matter concerning the removal of Barbara Malimali as the Fiji Independent Commission Against Corruption Commissioner.
The appeal follows a High Court ruling which found that Malimali’s removal by President Ratu Naiqama Lalabalavu, on the advice of the Prime Minister, was unlawful.
The court heard that Malimali consented to the Attorney-General’s Office joining the proceedings after she was contacted by the AG’s Office.
Rabuka is appealing the High Court decision delivered by Justice Dane Tuiqereqere on February 2nd.
In his ruling, Justice Tuiqereqere found that the President appoints the FICAC Commissioner on the advice of the Judicial Services Commission and that the Prime Minister did not have the authority to advise the President to remove Malimali.
The court had further found that the Judicial Services Commission, and not the Prime Minister, was the appropriate body to advise the President on the appointment of the FICAC Commissioner.
The Prime Minister is the appellant, while Malimali is the first respondent, the President is the second respondent, and the Attorney-General’s Office is now the third respondent.
The AG’s Office has been given until Friday to file its affidavit in reply.
The matter will return to court on December 7th for mention.
