JSC to invite parties after High Court ruling on Malimali dismissal

The Judicial Services Commission will invite former Fiji Independent Commission Against Corruption Commissioner Barbara Malimali and her legal counsel, the Solicitor-General representing the State, and a representative for the Prime Minister to present their views on compliance with the High Court’s orders.

In a press release issued today, the JSC said the decision was made following extensive deliberations at its meeting and forms part of its compliance process after the High Court ruling on Ms Malimali’s termination.

The Commission confirmed it has acknowledged receipt of the judgment delivered on February 2, 2026, by Dane Tuiqereqere, and considers the ruling binding.

The High Court declared that the advice given by the Prime Minister and the President’s decision on June 2, 2025, to revoke Ms Malimali’s appointment as FICAC Commissioner were unlawful and ultra vires. However, the court did not make an order reinstating Ms Malimali, stating that the matter must be considered and decided by the JSC, together with the appointment of the Acting FICAC Commissioner.

The judgment also clarified that the JSC is the body empowered to advise the President and is not required to act on or comply with the findings or recommendations of the Commission of Inquiry.

Instead, the JSC must independently decide what, if anything, to make of the COI evidence, findings and recommendations as they relate to Ms Malimali’s appointment.

The court further outlined that if the JSC decides to act in relation to any revocation, termination or removal, it must consider the correct constitutional mechanism to employ.

Under Ms Malimali’s contract, the procedure for removal mirrors the process for the removal of judges, which requires the establishment of a tribunal in cases of alleged misbehaviour.

The JSC said it will thereafter, in consultation with the Acting Attorney-General, make its own independent recommendations to the President on the outcome of the judgment.

The Commission added that it will take all necessary steps to expedite the closure of matters relating to Ms Malimali’s appointment as FICAC Commissioner on or before March 31, 2026.