PM takes responsibility for advice on Malimali removal

Prime Minister Sitiveni Rabuka has taken personal responsibility for the decision to advise the removal of former Fiji Independent Commission Against Corruption (FICAC) commissioner Barbara Malimali.

In an interview this afternoon, Mr Rabuka said he made the call on his own and will consider resigning if the Government’s appeal fails.

“This one I made on my own,” Mr Rabuka said when questioned about the decision-making process following a High Court ruling that found Malimali’s dismissal unlawful.

“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.

The Prime Minister said he then turned to the Constitution to determine his authority.

“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.”

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

Justice Tuiqereqere ruled that the Constitution is clear that 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.

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