FICAC leadership in limbo

The future of the Fiji Independent Commission Against Corruption (FICAC) is in the hands of the Judicial Services Commission (JSC).

This follows a landmark High Court ruling that declared Prime Minister Sitiveni Rabuka acted unlawfully in revoking Barbara Malimali's appointment as FICAC Commissioner.

The decision marks a dramatic shift in authority, with the JSC now set to make an independent recommendation to the President: a role the court says falls solely under the commission's constitutional mandate.

Lawyer Lavenia Rokoika has been acting commissioner since May 2025, but the High Court has left it to the JSC to decide whether Ms Mali-mali will be reinstated and the status of Ms Rokoika's acting role.

After more than three hours of deliberation yesterday, the JSC confirmed it will consult Ms Malimali and her legal counsel, Solicitor-General Ropate Green representing the State, and Simione Valenitabua for the Prime Minister.

The commission aims to conclude the matter by March 31, 2026.

Ms Malimali's lawyer, Tanya Waqanika, questioned why the PM remains involved in the matter.

Speaking to this masthead last night, she said the High Court's ruling was clear that the advice provided by the Prime Minister and the President's decision were unlawful.

"However, I respect the decision of the JSC,” she added.

Key court orders include:

• Declaring the termination of Ms Malimali’s appointment on the Prime Minister’s advice un­lawful;
• Directing the JSC to deter­mine her reinstatement and the status of acting commissioner Ms Rokoik;a
• Considering whether Ms Mal­imali is entitled to lost income from June 2, 2025; and
• Ordering $7500 in legal costs to be paid within 28 days.

JSC secretary Chief Registrar Tomasi Bainivalu said the com­mission would review compli­ance with the court orders before making its recommendation.

“The JSC, in consultation with the Acting Attorney-General, will now make its own independ­ent recommendation to the Pres­ident,” he said.

Ms Rokoika declined to com­ment when contacted last night.

The JSC confirmed the High Court’s judgment is binding.