High Court rejects bid to halt FICAC case against Waqanika

Lawyer and former SODELPA MP Tanya Waqanika must face her Fiji Independent Commission Against Corruption (FICAC) charge in the Magistrates Court after the High Court in Suva refused to permanently stop proceedings against her.

Justice Siainiu Fa’alogo-Bull dismissed her application today, which argued that Acting FICAC Commissioner Lavi Rokoika’s appointment was unlawful and that any charge signed by her was therefore invalid.

The judge applied the “de facto officer doctrine,” a legal principle that protects the validity of official acts carried out by a person in a public role, even if their appointment is later found to be defective.

Under this doctrine, Ms Rokoika’s actions — including signing the charge against Waqanika — remain legally valid unless and until a court rules otherwise.

Justice Fa’alogo-Bull said any challenge to Ms Rokoika’s appointment must be pursued through a separate civil judicial review process, rather than through a criminal stay application.

Waqanika is charged with publicly opposing SODELPA on Facebook on April 19, 2024, while serving as a board member of Investment Fiji and Telecom Fiji Limited — a breach of the Political Parties Act, which restricts public office holders from publicly opposing registered political parties.

Waqanika said the ruling was expected and she would continue to fight the matter, adding that a conviction would have serious implications for her career and family.

Her lawyer Barbara Malimali said the legal team would study the ruling before deciding whether to appeal.