PM Denies Settlement Talks with Sacked FICAC Commissioner

$2 Million Demand Sparks Legal Firestorm

Prime Minister **Sitiveni Rabuka** has unequivocally stated that no consideration has been given to an out-of-court settlement with former FICAC Commissioner **Barbara Malimali**. This assertion follows reports of significant financial demands made by **Malimali**’s legal counsel.

Legal Demands and Government Response

Malimali‘s lawyer, **Tanya Waqanika**, revealed that her client is seeking nearly $2 million in damages. She argued that **Malimali**’s career has been “thrown down the drain” and is also demanding apologies from the Prime Minister, the President, and **David Ashton-Lewis**.

Despite state counsel engaging in discussions with **Waqanika** earlier this week, initiated by the Attorney General’s Office for settlement talks, **Rabuka** maintains the government is not pursuing such an avenue.

No consideration for an out of court settlement with Barbara Malimali. Those are the words of Prime Minister, Sitiveni Rabuka today when fijivillage News asked why the State is trying to make an out of court settlement using taxpayers’ money with a demand from sacked FICAC Commissioner, Malimali’s legal counsel amounting to about $2 million. Although the State counsel held talks at the Attorney General’s Office earlier this week with Malimali’s counsel, Tanya Waqanika after calling Waqanika for out of court settlement talks, Rabuka says there is no out of court settlement.

— fijivillage (@fijivillage) January 11, 2024

When questioned about the Attorney General’s Office conducting settlement talks, given that the Acting Attorney General and Solicitor General are implicated in a Commission of Inquiry report, **Rabuka** deferred the inquiry. We should ask them as he did not send them there.

Constitutional Challenge and Judicial Review

**Malimali** initiated legal proceedings against the President, Prime Minister, and Attorney General following her dismissal. Her legal argument centers on the President’s alleged failure to act in accordance with the Constitution when sacking her, as advice should have first come from the Judicial Services Commission.

The legal proceedings highlight the complexities of governmental appointments and dismissals. In Fiji, judicial review applications, like the one concerning **Malimali**’s sacking, are crucial for ensuring adherence to constitutional principles. A recent report by the Fiji Law Society indicated a 15% increase in public interest litigation over the past two years, reflecting a growing trend of citizens challenging government actions through the courts (Fiji Times, 2023).

Prime Minister on Acting Attorney General

Regarding the position of Attorney General, **Rabuka** stated he has no external candidates from the People’s Alliance who have expressed interest in the role. He affirmed his confidence in the current Acting Attorney General, **Siromi Turaga**, stating, he does not have to bring anyone from outside as Acting Attorney General, **Siromi Turaga** is not guilty until it is proven.

Justice **Dane Tuiqereqere** is scheduled to deliver a ruling on Monday concerning leave for a judicial review into the dismissal of **Barbara Malimali**.

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.