The Judicial Services Commission, after extensive deliberations in its meeting today, has resolved to invite former FICAC Commissioner Barbara Malimali and her counsel Tanya Waqanika, the Solicitor General, Ropate Green as a representative for the State, and Simione Valenitabua for the Prime Minister to consider their views on compliance with the orders of the High Court.
The High Court has ruled that Malimali's dismissal as FICAC Commissioner by President Ratu Naiqama Lalabalavu on the advice of Prime Minister Sitiveni Rabuka was unlawful.
In a statement, the JSC says that in consultation with the Acting Attorney-General, they will make its own independent recommendations to the President on the outcome of the judgement.
The JSC says they will take all the necessary steps to expedite the closure of the matters relating to Barbara Malimali's appointment as FICAC Commissioner on or before March 31st.
In High Court Judge, Justice Dane Tuiqereqere's ruling, it has been stated that the JSC is the body that provides the recommendation to the President regarding the appointment or dismissal of the FICAC Commissioner, not the Prime Minister.
Justice Tuiqereqere said he is not prepared to make any order reinstating Malimali to the position of Commissioner as the JSC will need to consider and decide upon the matter along with the appointment of Lavi Rokoika as Acting FICAC Commissioner.
The JSC did not recommend the dismissal of Malimali and also did not recommend the appointment of Rokoika as Acting Commissioner.
Justice Tuiqereqere also said that he will not be making any order for general damages or special damages.
