Malimali’s reinstatement left to JSC, High Court rules

The High Court has ruled that it will not order the reinstatement of former Fiji Independent Commission Against Corruption (FICAC) commissioner Barbara Malimali, despite finding that her dismissal was unlawful.

In his 41-page ruling yesterday, Justice Dane Tuiqereqere concluded that he was not prepared to make any order to reinstate.

The judge said the court was not the appropriate forum to determine whether Malimali should return to office, ruling that the matter now falls within the mandate of the Judicial Services Commission (JSC).

The decision follows Malimali’s successful judicial review challenging the revocation of her appointment on June 2, 2025.

Justice Tuiqereqere found that the Prime Minister had no constitutional authority to advise the President to revoke Malimali’s appointment, ruling that the Constitution is clear that the FICAC commissioner is appointed by the President on the advice of the JSC, not the Prime Minister.

However, the court stopped short of granting reinstatement or damages.

In his ruling, Justice Tuiqereqere said the appropriate course was for the JSC to now consider the position of FICAC commissioner, including decisions made after Malimali’s removal.

The court also rejected arguments that the JSC had been temporarily unable to function, saying it was not constitutionally “paralysed” at the time of the dismissal and remained the proper body to advise the President on FICAC appointments.

While no damages were awarded, the court ordered each of the respondents to pay Malimali $7,500 in costs.

Malimali was removed from office following the establishment of a Commission of Inquiry into her appointment. She challenged the dismissal, arguing that the Prime Minister’s advice to the President was unlawful.

The ruling now leaves the question of reinstatement or any future appointment with the Judicial Services Commission.