Fiji’s Independent Commission Against Corruption (FICAC) Commissioner, Barbara Malimali, has taken voluntary leave indefinitely, following a request from the Judicial Services Commission (JSC) to ensure the Commission of Inquiry (COI) continues without hindrance.
This latest development comes as the ongoing COI into the legality of Malimali’s appointment enters its final stages.
In Malimali’s absence, former Nasinu Magistrate Lisiate Fotofili is overseeing FICAC operations as Acting Deputy Commissioner, effective February 19, 2025.
The JSC confirmed that Malimali’s leave will last until after the COI concludes its inquiry, though the exact timeline remains uncertain. Hearings are scheduled to continue next week.
“This decision reflects our commitment to transparency and upholding the integrity of the judicial process,” the JSC stated in a release. This announcement follows a previous statement issued two weeks ago, in which the JSC said it had “responsibly responded” to the COI’s request for Malimali’s suspension. The JSC did not elaborate on its response, but Senior Counsel Assisting the COI Janet Mason noted that the JSC had rejected the request because neither the FICAC Act 2007 nor the 2013 Constitution grants the JSC the authority to suspend or remove the Commissioner. Malimali remained in her role until today’s statement.
The inquiry, comprising Justice David Ashton-Lewis as Commissioner and senior legal counsel assisting the commission Janet Mason, is tasked with determining whether Malimali’s appointment followed proper procedures. It has entered its final stages, with 35 witnesses having testified, including Malimali herself. The hearing is expected to continue next week, with several FICAC staff members likely to be recalled. Following the hearings, the COI is expected to spend three weeks compiling its findings. It is expected to submit its findings to the President of Fiji and the Prime Minister by the end of the month.
As it stands, the COI’s work has extended three weeks beyond its initial timeline. It was originally scheduled to conclude and submit its report at the end of last month.
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