Nikhil Aiyush Kumar 
[file photo]
The counsels representing the offices of the Prime Minister, President, and Attorney General told the Suva High Court that both the Prime Minister and President acted within their constitutional powers when they advised and revoked former FICAC Commissioner Barbara Malimali’s appointment.
The Judicial review case where Malimali is challenging her removal was called yesterday in the Suva High Court.
Deputy Solicitor General Eliesa Tuiloma, representing the President and Attorney General, argued that Malimali’s application should be dismissed in its entirety, stating the President is immune in court and acted under the principle of state necessity, citing the Commission of Inquiry into her appointment as justification.
Tuiloma added that the removal was a management corrective measure rather than an employment issue.
He explained that the President had the prerogative to call the COI and that the Prime Minister was the most appropriate person to advise him, given that both the JSC and Attorney General were also under COI scrutiny.
Counsel for the Prime Minister, Simione Valeniatabua, told the court that the PM acted within his constitutional authority, emphasizing that the JSC can only recommend, not advise, the President.
Valeniatabua described the case as a constitutional grey area, with no clear process for appointments questioned through a COI.
Justice Dane Tuiqereqere has given both sides 14 days to file relevant case laws and authorities, with judgment set for 26 January next year.
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