Prime Minister, Sitiveni Rabuka is considering resigning if the court appeal process for the Barbara Malimali case fails.
Rabuka has made the comments after calls being made for him to resign based on the court ruling yesterday saying that the removal of Malimali as FICAC Commissioner was unlawful.
Insert : PM on resigning Feb 2nd
Rabuka has directed that an appeal be lodged following yesterday’s ruling.
The Prime Minister says the Court’s decision to grant leave for a judicial review challenging the validity of the Commission of Inquiry has been noted, and the Government will take the necessary steps to respond through the appropriate legal processes.
He says he is encouraged that yesterday’s proceedings reaffirm that democracy in Fiji remains strong, that the separation of powers is respected, and that there is no interference by the Executive in the work of the Judiciary.
Rabuka says the rule of law remains paramount, and Government will continue to uphold constitutional processes and respect the independence of our institutions.
He says they are all subject to law and so is the judge.
Rabuka says he will exercise his right as a citizen of the country and he will appeal the decision, and take it to the final appellate court of the land which is the Supreme Court.
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.
