[File Photo]

The Suva High Court will deliver a ruling on the terms of settlement for the matter involving the Judicial Services Commission, the President, and the Prime Minister in March.

The Judicial Services Commission had initially filed an application against the Commission of Inquiry into the appointment of the former Commissioner of the Fiji Independent Commission Against Corruption, Barbara Malimali.

The JSC has previously sought orders to quash the findings and recommendations of the Commission of Inquiry into the appointment of Malimali as the Commissioner of FICAC, together with other declarations.

Judge Justice Dane Tuiqereqere informed the court that the parties must file an executed term of settlement with the court by the 27th of February, which he will review to aid in his decision to rule on the confidentiality issues.

He stated that he cannot rule on the confidentiality issue without citing the actual terms of settlement.

Thereafter, the applicant, JSC, in this matter, on the 27th of next month, needs to file and serve submissions on the court’s powers to rule on the confidentiality issue.

The counsels for the first and second respondents have been given two weeks thereafter to respond through submissions.

Tuiqereqere also told the court that the third respondent will also be allowed to make submissions on the court’s powers to rule on the confidentiality of the TOS.

The JSC also requested the court to release the third respondent because it is dragging out the proceedings and the settlement.

JSC counsel, Fa stated that they made a cost offer of $5000; however, they stated that no response has been received from the third respondent.

He informed the court that the third respondent is intending to drag out the proceedings by consistently harassing the other parties.

Solictor General Ropate Green stated that they have drafted an agreement on certain terms of the settlement. However, they have some concerns of the enforceability of some of the terms.

In this matter, Isireli Fa is representing the JSC, Solicitor General Ropate Green is representing the AG’s office for the President and the Prime Minister, while Justice David Ashton Lewis is being represented by Hemendra Nagin.

The matter will be called on the 23rd March.

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