The High Court has refused an application by Prime Minister Sitiveni Rabuka to temporarily halt a previous ruling relating to the removal of former FICAC Commissioner Barbara Malimali, while his appeal continues.
In a decision delivered by Justice Dane Tuiqerqere, the court ruled that it had no legal power to grant a stay of a declaratory order, which formed the basis of the earlier judgment.
The Prime Minister had sought the stay as part of his appeal against Justice Tuiqerqere’s earlier finding that the Judicial Services Commission, and not the Prime Minister, holds the authority to advise the President on matters concerning the Commissioner’s appointment and removal.
The case stems from Malimali’s appointment in 2024, the establishment of a Commission of Inquiry into her appointment, and her subsequent removal from office in June 2025 on the advice of the Prime Minister to the President.
Malimali challenged the decision in court, seeking declarations that her removal was unlawful and an order for her reinstatement.
Justice Tuiqerqere, in the earlier ruling, declined to order reinstatement but found that the power to advise the President on such matters lies with the Judicial Services Commission.
In the latest ruling, the court considered arguments from the Prime Minister, the Attorney-General, and the President, all of whom supported the application for a stay.
However, Justice Tuiqerqere said a stay cannot be granted over declaratory orders and that the application failed to meet the legal threshold required.
The court also noted that the issues raised are of significant constitutional importance and will ultimately be determined by the Court of Appeal.
The appeal continues.
