Praneeta Prakash 
[File Photo]
The Suva High Court is expected to deliver its judgment in the judicial review of former FICAC Commissioner Barbara Malimali this afternoon.
The judgment is expected to clarify the extent of presidential powers and the required procedures for appointing or removing key anti-corruption officials.
During a hearing last year, Malimali’s counsel, Tanya Waqanika, informed the court that due process was not followed by Prime Minister Sitiveni Rabuka when her client’s employment was revoked.
She had stated that natural justice to Malimali was denied when the PM advised President Ratu Naiqama Lalabalavu to revoke her appointment as the FICAC Commissioner.
Waqanika also told the court that the Commission of Inquiry report should have gone to the Judicial Services Commission and then a tribunal should have convened to decide and recommend to the President about the former FICAC Commissioner’s position.
Malimali’s counsel had also informed the court that the FICAC Commissioner can only be removed on the grounds of inability to perform or misbehavior and the removal of Malimali was similar to that of Judges.
In her oral submission, Waqanika also stated that Malimali is still the lawful FICAC commissioner because due processes were not followed outlined in the constitution for this situation.
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