Kumar Calls for Urgent Clarification on FICAC Appointment and COI Findings

Member of Parliament Premila Kumar is calling on Prime Minister Sitiveni Rabuka to urgently clarify several unanswered questions surrounding the appointment of FICAC Commissioner Barbara Malimali and the subsequent findings of the Commission of Inquiry (COI).

While acknowledging the Prime Minister’s initial action to address governance concerns raised by the COI, Kumar says key issues remain unresolved—issues that, she argues, are essential to restoring public confidence in the country’s justice system.

“The public deserves full transparency on whether any breaches of law or ethics occurred and whether those breaches warrant more than a temporary suspension,” Kumar said in a statement released yesterday.

Kumar questioned why Ms. Malimali has only been suspended and not terminated if the COI found irregularities in her appointment. She also raised concerns over the referral of her file to the Fiji Police.

“If the COI found the appointment to be improper or unlawful, why has Ms. Malimali merely been suspended? What are the specific grounds for the police investigation, and what allegations are being looked into?” she asked.

Kumar also highlighted the role of the Judicial Services Commission (JSC), chaired by the Chief Justice, in recommending Ms. Malimali for the FICAC post. She said if the appointment process failed to meet legal or ethical standards, accountability must extend beyond the appointee.

“Will the Chair and members of the JSC also be investigated or held accountable for any shortcomings in the appointment process?” she asked.

Another issue Kumar raised was the ambiguity surrounding the terms of Ms. Malimali’s suspension, including whether it is with or without pay.

“If her appointment did not meet legal standards, is continued remuneration justified? This raises questions about the responsible use of public funds and perceptions of preferential treatment,” she said.

Kumar further criticised the reinstatement of the former Deputy Commissioner of FICAC into the judiciary after the revocation of his FICAC appointment. She noted that he had resigned from the bench to take up a three-year FICAC contract, and his return to a judicial role—without a formal application and vetting process—raises serious ethical and legal concerns.

“This sets a dangerous precedent and undermines the integrity of judicial appointments,” she said.

Kumar is urging the Prime Minister to publicly release the full Commission of Inquiry report and to outline how the government intends to implement its remaining recommendations.

“There must be no ambiguity in matters that affect the integrity of our justice system. The rule of law and public trust demand decisive and transparent leadership,” Kumar said.