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Fiji FICAC Saga: Suspension Rescinded, Appointments Revoked
Fiji FICAC Saga: Suspension Rescinded, Appointments Revoked

Scoop

time2 days ago

  • Politics
  • Scoop

Fiji FICAC Saga: Suspension Rescinded, Appointments Revoked

Barbara Malimali was revealed as the new anti-corruption commissioner last September. Fiji's prime minister says the country's president has reviewed his decision to suspend the Commissioner of the Fiji Independent Commission Against Corruption, and rescinded the suspension. However, President Ratu Naiqama Lalabalavu has instead revoked the initial appointment of Barbara Malimali as Commissioner. Sitiveni Rabuka wrote on Facebook that this was to implement the first recommendation in chapter eight of a Commission of Inquiry (COI) report in accordance with legal advice. Lalabalavu has also withdrawn the rescission of the appointment of Lisiate Fotofili as acting deputy FICAC Commissioner and his return to his substantive position in the judiciary. Instead, he has revoked his initial appointment as acting deputy Commissioner – also 'in accordance with the first recommendation in chapter eight of the COI report'. The Fiji Law Society issued a statement on Sunday saying suspending the Commissioner of FICAC without the advice of the Judicial Services Commission is unlawful. Society President, Wylie Clarke said the prime minister has no constitutional role in the appointment or discipline of the Commissioner and acting deputy Commissioner of FICAC. Barbara Malimali – who was also the Electoral Commission chairperson – was revealed as the new FICAC commissioner last September. The announcement was causing a stir due to it being unclear if she held the Electoral Commission chairperson role at the time of for appointment – raising concerns about conflict of interest. Then, Malimali was taken for questioning by FICAC officers, sanctioned by the anti-corruption agency's acting deputy commissioner Francis Puleiwai. The Law Society statement this week said the 'FICAC saga' has distracted the Fijian government for many months and the Society had hoped the COI report would bring that to an end. Fiji Opposition leader, Inia Seruiratu, has called on the Government to make the COI report public. Rabuka said he is committed to release of the report which is funded by the people of Fiji. 'However this will be done in a manner to ensure that investigations are not prejudiced, civil rights of accused persons are respected and the rule of law maintained,' he said.

Fiji FICAC saga: suspension rescinded, appointments revoked
Fiji FICAC saga: suspension rescinded, appointments revoked

RNZ News

time3 days ago

  • General
  • RNZ News

Fiji FICAC saga: suspension rescinded, appointments revoked

Observers say that the anti-corruption commission should be an important pillar of Fijian democratic checks and balances. Photo: ABC/Supplied Fiji's prime minister says the country's president has reviewed his decision to suspend the Commissioner of the Fiji Independent Commission Against Corruption, and rescinded the suspension. However, President Ratu Naiqama Lalabalavu has instead revoked the initial appointment of Barbara Malimali as Commissioner. Sitiveni Rabuka wrote on Facebook that this was to implement the first recommendation in chapter eight of a Commission of Inquiry (COI) report in accordance with legal advice. Lalabalavu has also withdrawn the rescission of the appointment of Lisiate Fotofili as acting deputy FICAC Commissioner and his return to his substantive position in the judiciary. Instead, he has revoked his initial appointment as acting deputy Commissioner - also "in accordance with the first recommendation in chapter eight of the COI report". The Fiji Law Society issued a statement on Sunday saying suspending the Commissioner of FICAC without the advice of the Judicial Services Commission is unlawful . Society President, Wylie Clarke said the prime minister has no constitutional role in the appointment or discipline of the Commissioner and acting deputy Commissioner of FICAC. Barbara Malimali - who was also the Electoral Commission chairperson - was revealed as the new FICAC commissioner last September. The announcement was causing a stir due to it being unclear if she held the Electoral Commission chairperson role at the time of for appointment - raising concerns about conflict of interest. Then, Malimali was taken for questioning by FICAC officers , sanctioned by the anti-corruption agency's acting deputy commissioner Francis Puleiwai. The Law Society statement this week said the "FICAC saga" has distracted the Fijian government for many months and the Society had hoped the COI report would bring that to an end. Fiji Opposition leader, Inia Seruiratu, has called on the Government to make the COI report public. Rabuka said he is committed to release of the report which is funded by the people of Fiji. "However this will be done in a manner to ensure that investigations are not prejudiced, civil rights of accused persons are respected and the rule of law maintained," he said.

FICAC suspension unlawful, says Fiji law society
FICAC suspension unlawful, says Fiji law society

RNZ News

time3 days ago

  • General
  • RNZ News

FICAC suspension unlawful, says Fiji law society

.. Photo: Facebook/FLS The Fiji Law Society says suspending the Commissioner of Fiji Independent Commission Against Corruption (FICAC) without the advice of the Judicial Services Commission is unlawful. Society President, Wylie Clarke said it is equally unlawful for President Ratu Naiqama Lalabalavu to appoint an acting FICAC Commissioner, and dismiss its deputy commissioner and re-appoint him to a magistrate's role, without the recommendations of the Judicial Services Commission (JSC). It follows Fiji prime minister Sitiveni Rabuka posting on social media that the president had taken several actions, in response to recommendations of a report by the Commission of Inquiry (COI) into the appointment of the FICAC Commissioner. Rabuka said the president made decisions "after advice from me as prime minister and minister responsible for the Commission of Inquiries Act". This included suspending Barbara Malimali . Clarke said according to Rabuka, Ratu Naiqama appears to have made the FICAC decisions on the advice of the prime minister, and if that's the case, these actions are not constitutional or lawful. He said the prime minister has no constitutional role in the appointment or discipline of the Commissioner and acting deputy Commissioner of FICAC. "It appears both the prime minister and His Excellency the president have been poorly advised on their powers," the Law Society boss said in a statement. "The Government statement says that his Excellency acted in accordance with sections 81 and 82 of the Constitution. However s.82 is very clear. The president acts only on the advice of Cabinet or a Minister or of some other body or authority prescribed by this Constitution for a particular purpose as the body or authority on whose advice the president acts in that case. "In this case the 'prescribed authority' is the JSC." The Law Society statement added that the "FICAC saga" has distracted the government for many months and the Society had hoped the COI report would bring that to an end. Fiji Opposition leader, Inia Seruiratu, has called on the Government to make the COI report public. Seruiratu told local media he's not worried about the developments, saying everyone is replaceable. But he said the report should be made available to the public for the sake of transparency. Fijian Attorney General, Graham Leung, has also been dismissed by the prime minister, who cited findings from the same COI report. Pac News reported him saying the decision is in the best interest of the people that his government serves. Fiji Village reported Leung saying he respects the constitutional authority of the prime minister. Leung had been the Attorney-General for less than a year.

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