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Government will not appeal High Court ruling in Malimali case

February 5, 2026 8:52 pm

The Government has confirmed it will not pursue an appeal against a recent High Court ruling in the matter of Barbara Malimali v The President of Fiji and Others, signalling its acceptance of the Court’s decision and reaffirming its commitment to the rule of law and constitutional governance.

In a statement issued tonight, the Government acknowledged the High Court’s careful and independent consideration of the case and expressed appreciation to the Judiciary for its role in upholding justice and fairness.

After what it described as due and deliberate consideration, and following legal advice and consultations,  the President and the Government resolved that it would not challenge the ruling through the appellate process.

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The decision marks a clear position by the Executive to respect the outcome of judicial review proceedings.

The case arose from a decision that had been made on the basis of legal advice provided by a King’s Counsel and was subsequently subjected to judicial scrutiny.

While maintaining that the original decision was informed by senior legal advice, the Government stated it fully respects the findings and conclusions of the High Court.

The ruling has highlighted the constitutional role of the Judiciary in reviewing executive action and ensuring that decisions comply with the law.

The Government said the outcome reflects the strength of Fiji’s legal framework, particularly the separation of powers that safeguards judicial decision-making from political interference.

In line with the High Court’s ruling, the Government acknowledged the constitutional mandate of the Judicial Services Commission to now deliberate on the matter and bring it to its conclusion, without interference from the Executive.

Prime Minister Sitiveni Rabuka reaffirmed the Government’s confidence in Fiji’s democratic institutions, stating that the decision not to appeal is consistent with the Government’s broader commitment to good governance, accountability, judicial independence and respect for constitutional processes.

The Government reiterated that it remains committed to upholding the rule of law and the clear separation of powers among the Executive, Legislature and Judiciary.

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