President Ratu Naiqama Lalabalavu, Barbara Malimali and Prime Minister Sitiveni Rabuka
High Court Judge, Justice Dane Tuiqereqere has ruled that the dismissal of Barbara Malimali as FICAC Commissioner was unlawful.
Justice Tuiqereqere has ruled that the President appoints the Commissioner on the advice of the Judicial Services Commission, and that Prime Minister, Sitiveni Rabuka did not have the authority to dismiss Malimali.
He has stated the Judicial Services Commission is the correct body to advise the President but asks if the JSC was temporarily constitutionally paralyzed due to Solicitor General, Ropate Green's involvement in the Commission of Inquiry.
Justice Tuiqereqere says he does not accept that the JSC was temporarily incapacitated.
He adds the JSC needs to consider Lavi Rokoika’s acting FICAC Commissioner appointment as that is a matter for the JSC.
The judge says the Court is not in a position to provide a decision.
$7,500 in costs has to be paid by each of the respondents.
Malimali challenged the legality of her dismissal in June last year after the Commission of Inquiry report.
Her lawyer, Tanya Waqanika said the President had made the decision on the advice of the Prime Minister although the law says that it should be based on the advice of the Judicial Services Commission.
Speaking outside the courthouse, an emotional Waqanika kept saying God is good.
She says she never felt so nervous in her life and this is what happens when you lose your job.
Waqanika says she knows what it is like as she was removed from her Fiji TV job.
She says they will now await the Judicial Services Commission's decision on the FICAC Commissioner issue after the court's decision that Malimali's dismissal by the President and Prime Minister was unlawful.
Insert : God Is Good - Malimali Feb 2nd 2026
Justice Tuiqereqere says he is not prepared to make any orders reinstating Malimali and the JSC will need to consider that and decide on the matter along with the appointment of Rokoika.
The respondents in the case are the President, the Prime Minister and the Attorney General.
The President and the Attorney General are represented by Deputy Solicitor General Eliesa Tuiloma and the Prime Minister is represented by Simione Valenitabua.
Stay with us for developments.
