Malimali’s Dismissal Was Unlawful, Says High Court

The High Court has ruled that the dismissal of former Fiji Independent Commission Against Corruption (FICAC) Commissioner Barbara Malimali was unlawful, finding that the constitutional process required for her removal was not followed.

The ruling was delivered by Justice Dane Tuiqereqere, who held that the Prime Minister did not have the constitutional authority to advise the President to dismiss the FICAC Commissioner.

Justice Tuiqereqere found that, under the Constitution, the Judicial Services Commission is the proper body to advise the President on the appointment or removal of the head of the Fiji Independent Commission Against Corruption.

Ms. Malimali had challenged her removal, arguing that the decision breached constitutional requirements.

The State defended the dismissal, citing exceptional circumstances, but the court rejected that argument.