Fiji Court: Costs Ordered, JSC Reinstatement Decision Pending

The Judicial Services Commission in Fiji now faces the task of determining the future of Barbara Malimali, former Commissioner of the Fiji Independent Commission Against Corruption, following a High Court ruling that found her removal from office was unlawful. Justice Dane Tuiqereqere ruled the Prime Minister’s advice to the President to revoke Malimali’s appointment was not in accordance with the law, but stopped short of ordering her reinstatement or awarding damages.

Barbara Malimali’s Removal Ruled Unlawful

Justice Tuiqereqere stated the question of Malimali’s reinstatement is a matter for the Judicial Services Commission (JSC) to consider. This includes addressing the current appointment of Lavi Rokoika as Acting Commissioner.

The Judge also declined to make any award for general or special damages at this stage, noting that any loss of income Malimali may have suffered from June 2, 2025, will be determined by the JSC’s decision regarding her position.

The Suva High Court ordered the respondents to pay Malimali costs of $7,500, to be paid within 28 days.

Malimali was removed from office in June of last year after a Commission of Inquiry concluded she was unsuitable for the position. The inquiry found an active investigation involving Malimali and determined complaints against her had merit.

The Commission of Inquiry also cited a serious incident involving Malimali that occurred in Tuvalu in 2016, which resulted in adverse findings by a Tuvaluan appellate court and the subsequent denial of a practicing certificate in Tuvalu in March 2017. The inquiry further found she had not fully disclosed being barred from practicing overseas.

The inquiry also stated that political and other interests influenced her appointment.

Justice Tuiqereqere ruled that the JSC was capable of considering the findings of the Commission of Inquiry and deciding whether to recommend the revocation of Malimali’s appointment or take other appropriate action.

The JSC comprises five members, and while the Commission of Inquiry was critical of two, three were not subject to criticism. A quorum for a JSC meeting requires the Chairperson and two members, according to Section 104 of the Constitution.

Justice Tuiqereqere suggested the JSC could have addressed the inquiry’s criticisms by convening a meeting and having any members with alleged conflicts recuse themselves.

Malimali argued that the Prime Minister acted unreasonably in relying on the findings and recommendations of the Commission of Inquiry.

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