High Court dismisses PM's stay application in Malimali case

Prime Minister Sitiveni Rabuka’s bid to pause a High Court ruling that declared the dismissal of former Fiji Independent Commission Against Corruption (FICAC) commissioner Barbara Malimali unlawful was dismissed by Justice Dane Tuiqereqere in Suva yesterday.

Justice Tuiqereqere ruled that he had no legal power to grant the stay, finding that declaratory orders — court statements confirming what the law is — cannot be paused or suspended.

The Prime Minister had sought to halt the effect of the February 2 ruling while his appeal was being heard.

That earlier decision found that only the Judicial Services Commission (JSC), and not the Prime Minister, holds the constitutional authority to advise the President on the appointment or removal of the FICAC commissioner.

The JSC is an independent body responsible for overseeing judicial and certain statutory appointments in Fiji.

Justice Tuiqereqere also found that granting the stay would interfere with the JSC’s constitutional functions — something the court was unwilling to do.

The ruling means the JSC remains free to consider Malimali’s reinstatement while the substantive appeal proceeds.

Malimali was removed from office in June last year following a Commission of Inquiry into her appointment.

The matter now moves to the Court of Appeal, where no hearing date has yet been set.