Nikhil Aiyush Kumar 
Barbara Malimali
The Judicial Services Commission does not have the power to suspend Fiji Independent Commission Against Corruption Commissioner Barbara Malimali.
The JSC has relayed this message to the Commission of Inquiry.
The COI had written to the JSC requesting that Malimali be suspended during the remainder of the inquiry period, claiming that the recent actions by her is affecting their work.
Senior Barrister Janet Mason says while they respect the JSC’s opinion, they still believe the JSC does have powers to suspend Malimali.
“We’re hoping to try and work through that because obviously it’s a big issue. The FICAC position is quite difficult because the appointment provision for FICAC is not in the Constitution. It’s set out in the FICAC Act.”
Senior Barrister Janet Mason
Mason states that the FICAC Commissioner is appointed under a regular Act, which can be amended.
In the Act, Mason adds, there are no provisions regarding how someone would be dismissed or suspended, unlike the Director of Public Prosecutions, Christopher Pryde, whose process is outlined in the Constitution.
The senior barrister states one view is that because both the Constitution and the FICAC Act are silent, Malimali cannot be suspended.
However, the COI’s view is that, in this instance, there is a provision in the Interpretation Act, Section 44, which states that, with any statutory appointment, the power to appoint includes the power to suspend and dismiss.
Mason says that the COI and the JSC have differing views, to which both are entitled, and they are currently working to reach an agreement.
