PM says resignation an option if appeal fails

Prime Minister Sitiveni Rabuka says he will consider resigning if the Government’s appeal against a High Court ruling on the dismissal of former Fiji Independent Commission Against Corruption (FICAC) commissioner Barbara Malimali is unsuccessful.

The comments follow a High Court ruling delivered this morning by Justice Dane Tuiqereqere, who found that Malimali’s dismissal was unlawful.

Justice Tuiqereqere ruled that the Constitution clearly states the FICAC commissioner is appointed by the President on the advice of the Judicial Services Commission (JSC), not the Prime Minister. He said Rabuka therefore had no legal authority to advise the President to revoke Malimali’s appointment.

PM responds

Asked about calls for him to step down following the ruling, Rabuka said: “I will consider it. I am considering it.”

When questioned directly about resignation, he added: “Yes. That is an option. If the appeal process fails then I must admit that I made the wrong decision or gave the wrong advice. Nobody else gave that advice. I made it.”

Responding to questions about the decision-making process within his Government and whether he remained confident in the advice he was receiving, Rabuka said the decision in this case had been his alone.

“This one I made on my own. I had to verify with the then Attorney-General and because of prevailing circumstances at the time there were certain areas where I could have and should have obtained legal advice from were rendered ineffective at the time,” he said.

“So I had to revert to the constitution and see what rights do I have as the Chief Executive Officer of the land and that was when I resorted to section 82 of the constitution which gives me that privilege of offering advice to the President and also 81 that the constitution that the President acts on the advice of the Prime Minister and the other section that states that where there is another law that contravenes the provisions of the constitution they are maligned.”

The Prime Minister has indicated the Government will proceed with an appeal against the High Court ruling.