President added to Rabuka’s second FICAC stay case

The Fiji Court of Appeal has allowed the President to be added as a second respondent in Prime Minister Sitiveni Rabuka’s second attempt to suspend a High Court ruling that found his removal of former Fiji Independent Commission Against Corruption (FICAC) Commissioner Barbara Malimali unlawful.

The decision followed a request by Attorney-General’s Office representative Grace Heano to amend the summons to include the President and the Office of the President as parties.

Ms Malimali’s lawyer, Samuela Savu, did not object to the request. However, he maintained his opposition to Mr Rabuka’s stay application and confirmed that an affidavit opposing it had been filed.

Ms Heano was given time to respond to the affidavit. The stay application is separate from Mr Rabuka’s main appeal against Justice Dane Tuiqereqere’s February 2 ruling.

The ruling found that Mr Rabuka did not have the constitutional authority to advise President Ratu Naiqama Lalabalavu in June 2025 to revoke Ms Malimali’s appointment.

It said that authority rests solely with the Judicial Services Commission. Mr Rabuka went to the Court of Appeal after the High Court dismissed his first stay application in June.

The parties will return to court on October 5 for mention.