A court ruling in favour of Fiji’s dismissed anti-corruption chief has “embarrassed” Prime Minister Sitiveni Rabuka, a New Zealand-based Fiji politics academic says.

University of Canterbury distinguished professor Steven Ratuva told RNZ Pacific Waves that while the Fiji High Court decision on Barbara Malimali offered “clarity” on the separation of powers, it added “to the weight of responsibilities” piling up under Rabuka’s leadership.

On Monday, the court ruled that Malimali’s dismissal was unlawful — a decision she said “vindicated” her. Rabuka immediately announced that he would be appealing the decision, but later told local reporters that he would “consider” resigning if the appeal failed.

“[Resignation] is an option,” he said.

Despite this, Rabuka’s Information Minister Lynda Tabuya told reporters on Tuesday that the prime minister had the full support of the cabinet.

“It was a resounding sentiment in cabinet that we would not accept his resignation,” she said in a post-cabinet press briefing on Tuesday, adding that Rabuka had “unanimous support . . .  to continue to lead this country and continue to lead us.”

Rabuka had not admitted to any wrongdoing and reports in the media “need to be corrected,” Tabuya said.

Fiji military commander Major-General Jone Kalouniwai also weighed in on the turn of events, telling local media that the army is maintaining “a [situational] awareness of what is happening” given that the country was heading into an election period.

“It’s important for us to understand what’s happening. Looking at it from a security perspective, things can cascade into a different situation,” he told The Fiji Times.

Dr Ratuva said all the issues Rabuka was having to deal with were “leading him to breaking point”.

“The fact that he has signalled his willingness to resign if the appeal doesn’t come through, is something which only [Rabuka] himself will have to decide,” he said.

“A lot of people have been asking for his resignation in the last few months for different reasons, particularly in relation to the way some of these complex challenges have been handled by the government.

“So it depends very much on what’s going to happen after the appeal, and the process might go on for some time . . .  even the election might come in between.”

Fiji is expected to head to the polls anytime between August 7 (earliest) this year and 6 February 2027 (latest).

Dr Ratuva said Fijian opposition parties will try to use some of these issues faced by Rabuka as part of campaigning.

“Anything can be leveraged as a means of manoeuvring your opposition, so certainly it is something which will arise during the election campaigns,” he said.

He said other issues such as the cost of living, health, infrastructure, rising crime, drugs, would become campaign issues during the election.

The government under Rabuka, he said, would be on the defensive in terms of making sure that they would be re-elected.

“But then that depends very much on how they are able to handle these issues, and of course, the choice of the voters ultimately,” Dr Ratuva said.

“The number of scandals and the number of crisis, which have defined the rule of this particular coalition has diverted attention away from the real issues on the ground, so they have to live with it and the consequences are going to be felt in the next election.”

This article is republished under a community partnership agreement with RNZ.

Article by AsiaPacificReport.nz

The Fiji government is backing the appointment of the country’s new anti-corruption chief who was under investigation by the office she now heads, which has left Fijians asking questions.

Barbara Malimali — who was also the Electoral Commission chairperson — was revealed as the new Fiji Independent Commission Against Corruption (FICAC) commissioner last Wednesday.

Malimali’s appointment, confirmed by the nation’s president on the advice of the Judicial Services Commission (JSC) — who report to the Attorney-General — has been slammed as “unbelievable” by one opposition MP, while the opposition leader in Parliament has said it raises “numerous questions . . . that need answers”.

The announcement was causing a stir due to it being unclear if she held the Electoral Commission chairperson role at the time of her appointment — raising concerns about conflict of interest.

But the issue became more critical when Malimali was taken for questioning by FICAC officers on her first day in the job as its boss, sanctioned by the anti-corruption agency’s acting deputy commissioner Francis Puleiwai.

However, the saga became even more bizarre when the government’s chief legal officer and minister responsible for the anti-corruption office, Attorney-General Graham Leung, criticised Puleiwai for not updating him for detaining Malimali.

In a statement, Leung said Puleiwai — who resigned later on the same day Malimali was detained, stating that she would “not be able to work in that institution when we know that a suspect is there” — was “legally obliged” to advise him of the activities of FICAC.

“This matter is particularly sensitive since Ms Puleiwai was herself an applicant for the position of commissioner. She was unsuccessful,” Leung said in a statement.

“As acting deputy commissioner, Ms Puleiwai has no role in the appointment of the commissioner. If Ms Pulewai has a problem with the appointment then, like every other public official or citizen, she has the right of access to the courts,” said.

He said Malimali still “has the responsibilities and powers of Commissioner” despite the investigation and was “entitled to the presumption of innocence”.

“I am concerned with a worrying trend in this country of maligning people based on rumours and innuendo,” he said.

“Trial and conviction by whispers are wrong and must stop. They run against the very grain of decency and fairness, which is the foundation of a society ruled by law. This is not who we are.”

In his statement, Leung defended Malimali’s appointment, saying all five members of the Electoral Commission had written to the Judicial Services Commission “expressing full confidence in the integrity of Malimali and explaining the context of the complaint against her for abuse of office”.

“They say the complaint has no basis. The commissioners are persons of high repute and integrity,” he stated.

He said the issue was “particularly sensitive” because Puleiwai was an unsuccessful applicant for the position of FICAC commissioner, adding her actions were “severely open to question”.

Puleiwai has rejected the suggestion that she had a “vested interested”.

“The only interest that I have is for the rule of law to be upheld.”

On Friday, FICAC put out a statement saying Malimali was back in office and ready to lead FICAC.

“Malimali is back in office this morning, Friday, 6 September 2024 and is ready to lead the commission,” the statement said.

“Malimali stated that she would not let the events of yesterday [Thursday] deter her from performing her duties as prescribed under the law,” it added.

Meanwhile, Judicial Services Commission has condemned the new FICAC chief’s arrest on Thursday, who it says is “a distinguished member of Fiji’s legal community”.

It remains unclear whether the abuse of office investigation against Malimali has been closed.

It is also unclear when Malimali had resigned from her role as the Electoral Commission chairperson.

RNZ Pacific has contact FICAC and the Electoral Commission Secretariat for comment.

Timeline:

Wednesday, September 4:

• Barbara Malimali revealed as the new FICAC commissioner.
• FICAC confirms Malimali is under investigation for an allegation for abuse of office.
• A former Prime Minister and Labour Party leader, Mahndra Chaudhry denounces the appointment and calls Prime Minister Rabuka to intervene.

Thursday, September 5:

• Rabuka tells state broadcaster government has no input in Malimali’s appointment.
• Local media report Malimali is taken in for questioning under orders from FICAC’s acting deputy commissioner Francis Puleiwai.
• Attorney-General Graham Leung weighs in backing Malimali and slams Puleiwai, saying she “must respect that appointment”.
• Leung says Malimali remains in charge despite investigation, which he claims, “has no basis”, according to five Electoral Commissioners who are “persons of high repute and integrity”, and Pulewai’s actions are “severely open to question”.
• Puleiwai resigns, saying she is “not be able to work in that institution when we know that a suspect is there”, adding “I don’t have any vested interest.”
• Opposition leader in parliament Inia Seruiratu calls the turn of events ‘transparency and accountability under fire’, saying the Malimali appointment situation raises “numerous questions…that need answers”.

Friday, September 6:

• Malimali is back in office and tells state broadcaster she would not let the saga “deter her from performing her duties”.
• Judicial Services Commission condemns the new FICAC chief’s arrest on Thursday, who it says is “a distinguished member of Fiji’s legal community”.
• It remains unclear whether the abuse of office investigation against Malimali has been closed as well as when Malimali stepped down from her role as the Electoral Commission chairperson.

Article by AsiaPacificReport.nz