Fiji’s former FICAC Commissioner Barbara Malimali has filed an application in the High Court seeking leave to pursue judicial review of the decision to remove her from office earlier this month.
The matter, initially listed before Justice Chaitanya Lakshman, is now before Justice Tuiqereqere, after Justice Lakshman recused himself on the grounds of personal familiarity with some of the named witnesses.
Justice Tuiqereqere also disclosed that he is acquainted with the in-laws of Malimali’s legal counsel, Waqanika Law. However, both parties confirmed they had no objection to him presiding over the matter.
Malimali is challenging the decision of the President of Fiji, made on the advice of the Prime Minister, to revoke her appointment as Commissioner of the Fiji Independent Commission Against Corruption (FICAC), effective 2 June 2025. The revocation of her appointment stems from recommendations outlined in a Commission of Inquiry that was set up to investigate her appointment in September 2024. Malimali was suspended on May 29 this year, but the President lifted the suspension four days later and subsequently terminated her appointment.
In court today, Senior Counsel Siddarth Nandan—acting on instructions from Waqanika Law and assisted by Samuela Savu—appeared for Malimali to seek leave under Order 53 of the High Court Rules. Eliesa Tuiloma appeared for the State, representing the President, Prime Minister, and Attorney-General, who are named as First, Second, and Third Respondents respectively.
The court granted the respondents 14 days to file affidavits in opposition. The applicant will have seven days to reply. Written submissions are due by 9 July from the applicant and by 11 July from the respondents.
The application raises questions about 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 the decision may have breached principles of natural justice.
The remedies sought—should leave be granted—include declarations that the removal was unlawful, reinstatement to the position, and compensation for losses incurred.
A hearing on the leave application is scheduled for 9am on July 14.
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