A High Court judge in Suva this morning dismissed a request by the Attorney-General’s Chambers to adjourn judicial review proceedings brought by former FICAC Commissioner Barbara Malimali, despite arguments that “settlement talks were underway.”
When the case was called, counsel for the State sought a deferral of the matter, stating that discussions were ongoing between the parties and that internal protocols were delaying consultations with the President and Prime Minister, who are named as the first and second respondents in the case.
However, Malimali’s counsel, informed the court that while the Government had indeed initiated settlement talks last month, those discussions had since broken down. The Attorney-General’s office had invited Malimali’s legal team to a meeting on June 15, seeking to settle the matter. Following the meeting, Malimali’s team submitted a proposal, which the State declined, offering a counter-proposal that was also rejected.
Justice Tuiqereqere, presiding over the matter, declined the adjournment request and directed that the hearing resume at 2:15pm today to consider the application for leave to seek judicial review.
The judicial review stems from the Government’s decision to terminate Malimali’s appointment as Commissioner of the Fiji Independent Commission Against Corruption (FICAC), effective June 2 this year. The dismissal followed the findings of a Commission of Inquiry convened in October 2024 to examine the circumstances of her appointment. Malimali had earlier been suspended on May 29 this year, but that suspension was lifted by the President days later, only to be followed by the revocation of her appointment.
The judicial review application questions whether the removal process complied with constitutional and statutory requirements under the FICAC Act 2007, the Interpretation Act 1967, and the Constitution of the Republic of Fiji. Malimali’s legal team also argues that the process lacked fairness and may have violated principles of natural justice
Should leave be granted, the former Commissioner is seeking declarations that her removal was unlawful, an order for reinstatement, and compensation.
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