AG joins Rabuka’s bid to stay Malimali ruling

The Attorney-General’s Office has been formally added as the third respondent in Prime Minister Sitiveni Rabuka’s Court of Appeal bid to stay a High Court ruling that found the removal of former Fiji Independent Commission Against Corruption (FICAC) Commissioner Barbara Malimali unlawful.

Court of Appeal Judge Justice Chandana Prematilaka formalised the addition today following consent from all parties.

Ms Malimali told the court she had filed her affidavit opposing the stay application on September 26.

The Attorney-General’s Office has until Friday to file its affidavit.

Mr Rabuka has until October 10 to file submissions, while the respondents have until November 16 to file theirs.

The matter will be called again on December 7 for mention.

The stay application is separate from Mr Rabuka’s substantive appeal against Justice Dane Tuiqereqere’s February 2 judgment.

Justice Tuiqereqere ruled that Mr Rabuka did not have the constitutional authority to advise President Ratu Naiqama Lalabalavu in June 2025 to revoke Ms Malimali’s appointment as FICAC Commissioner.

The judgment found that the Judicial Services Commission had the authority to make such a decision.

Mr Rabuka appealed the High Court judgment.

After the High Court dismissed his initial stay application in June, a stay application was filed in the Court of Appeal.