State Pursues $2 Million Settlement in FICAC Dismissal Case
Malimali’s Team Cites Unconstitutional Sacking, Demands Settlement Deadline
The State is actively seeking an out-of-court resolution with former FICAC Commissioner **Barbara Malimali**, as revealed during a High Court hearing concerning her controversial dismissal. **Malimali** is reportedly seeking nearly $2 million for damages and unpaid wages.
Court Sets Settlement Deadline
High Court Judge, **Justice Dane Tuiqereqere**, has mandated that both parties must reach an agreement by 3 PM this Friday. Failure to do so will result in the judge ruling on **Malimali**’s application for judicial review on Monday. The State requested more time, citing ongoing settlement discussions with **Malimali**’s legal counsel.
Disagreement Over Settlement Talks
**Malimali**’s lawyer, **Tanya Waqanika**, stated that no active settlement discussions were underway, despite the State’s assertion. The government legal team had initially pushed for these discussions to be held privately in chambers, but **Waqanika** insisted the matter be addressed in open court. She argued that the State, with its substantial resources, should have been better prepared for the hearing and opposed the adjournment.
Constitutional Challenge to Dismissal
The case stems from **Malimali**’s termination as FICAC Commissioner. She contends that the President, **Ratu Naiqama Lalabalavu**, acted outside the Constitution by dismissing her, as the dismissal was based on the Prime Minister’s advice rather than the required recommendation from the Judicial Services Commission (JSC). **Waqanika** asserted that both the Prime Minister, **Sitiveni Rabuka**, and the President abused their authority.
Former FICAC Commissioner Barbara Malimali has filed a judicial review against the President, Prime Minister and Attorney General.
The State is reportedly trying to negotiate an out-of-court settlement, with figures close to $2 million on the table. https://t.co/qJ7v3f9XyN
— Fijivillage News (@fijivillage) March 28, 2024
“Imagine what would happen if the Prime Minister starts removing the judges.”
—Tanya Waqanika, Lawyer for Barbara Malimali
**Malimali**’s defense highlights that she was not afforded adequate time to respond to allegations presented in a Commission of Inquiry report, impacting her directly. **Justice Tuiqereqere** inquired about previous terminations of FICAC Commissioners, to which **Waqanika** responded that this is the first instance, with prior Commissioners having resigned.
State’s Legal Position
The Deputy Solicitor General, **Eliesa Tuiloma**, submitted the adjournment application on behalf of the State. **Tuiloma** argued that the President acted in accordance with the Commissions of Inquiry Act. However, **Waqanika** countered that no legal proceedings can stem from COI findings. **Tuiloma** acknowledged sufficient public interest but questioned the arguable grounds for the case to proceed. When questioned about the Prime Minister’s advisory role in such matters, **Tuiloma** conceded there was no clear constitutional provision.
The current legal proceedings follow **Prime Minister Rabuka**’s initial announcement of **Malimali**’s suspension, and subsequent confirmation of her dismissal based on his advice. These events transpired after an assessment of the Commission of Inquiry report concerning **Malimali**’s appointment as FICAC Commissioner.
In Fiji, as of 2022, public sector employment disputes can involve significant compensation, with wrongful dismissal cases sometimes resulting in settlements or awards equivalent to several years of salary, depending on the position and circumstances. For instance, a senior public servant dismissed without cause might expect to claim damages reflecting their tenure and potential future earnings.
