The High Court has granted leave for former FICAC Commissioner Barbara Malimali to proceed with a judicial review of her removal from office, setting the stage for a full hearing into the legality of the decision made by the President on the advice of the Prime Minister.
In welcoming the decision of the court, Malimali’s legal counsel Tanya Waqanika also warned that more lawsuits are expected from other parties affected by the findings of the Commission of Inquiry (COI) that led to Malimali’s removal, describing this case as “just the first wave.”
Justice Dane Tuiqereqere delivered the ruling in Suva today.
Speaking outside court, Waqanika said the outcome confirmed that the case has legal merit and must be heard in full.
“That means the court saw merit in our application, that the decision of the Prime Minister and the President in her application, they acted unconstitutionally, so to speak, unlawful.”
Waqanika added that the case is a reminder that accountability applies at all levels of government.
“No one is above the rule of law.”
Malimali is challenging the legality of her removal from office on 2 June 2025, a decision made by the President on the advice of the Prime Minister. Her dismissal followed a Commission of Inquiry into her September 2024 appointment. She was briefly suspended on May 29 before the President lifted the suspension and then revoked her appointment days later.
Waqanika confirmed that the parties will return to court next Monday to agree on a timetable for filing submissions.
“We the parties, are coming back to court on Monday next week… So the parties come back into court, and then we have to agree on the time frame of filing documents.”
The court’s decision to grant judicial review allows it to fully examine whether the President’s decision to revoke Malimali’s appointment followed the law and upheld principles of natural justice.
Waqanika also raised concerns about how the decision was made and who was advising the executive.
“I’m not sure who the advisers, who’s advising the Honourable PM and President. I don’t think it was the Office of the AG… things happening behind the scenes, and people need to know — it’s taxpayers’ money that’s being involved here.”
When asked whether there could have been criminal intent in the actions of the Prime Minister and the President, she responded: “That’s something the police should look into. It is a concern. It should be a concern to any member of the public.”
Waqanika indicated that this may be the first of several legal actions targeting the findings of the Commission of Inquiry.
“Given what I know, I met another lawyer in court now, more lawsuits now will be filed on the COI report from other parties — it’s coming. So this is just the first wave.”
