JSC meets to discuss FICAC Commissioner issue

The Judicial Services Commission chaired by Chief Justice Salesi Temo is meeting in Suva this hour after the High Court ruling that the advice of the Prime Minister and the decision of the President to revoke Barbara Malimali’s appointment as Commissioner of FICAC was unlawful.

In High Court Judge, Justice Dane Tuiqereqere's ruling, it has been stated that the Judicial Services Commission 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.

He said JSC’s decision on the status of Malimali’s position as Commissioner will affect what, if any, loss of income she suffers from 2nd June 2025.

Stay with us for developments.

Prime Minister, Sitiveni Rabuka is assessing the presentation and options given by Solicitor General, Ropate Green, and also awaiting the Judicial Services Commission's decisions, after the High Court ruling. 

Minister for Information, Lynda Tabuya says the Prime Minister has asked to be given a few days to consider the possibilities of the way forward, and an appeal is available to the Prime Minister as is the process that is available to any citizen of the country.

She says the court has decided that it could not order the reinstatement of Barbara Malimali and the decision on the damages.

This has been left to the Judicial Services Commission which provides the recommendation to the President on the appointment or dismissal of the FICAC Commissioner.

Tabuya says they have to await the JSC to convene and to make it's decisions on Malimali moving forward.

She says whatever the decision, the JSC is independent of the Executive, and if the JSC makes some decisions, then it is for the Prime Minister to consider from that point whether an appeal is to be filed. 

Tabuya says the Prime Minister relied on two opinions from the King's Counsel in New Zealand and he did not act on his own.