Another Rabuka U-Turn: Fijian PM Noncommittal On Resignation Over Malimali Case

Friday, 13 March 2026, 2:57 pm
Article: RNZ

Margot Staunton, RNZ Pacific senior journalist

Fijian Prime Minister Sitiveni Rabuka is noncommittal about resigning after another u-turn over the sacked former head of the anti-corruption commission.

Rabuka has decided to appeal a controversial High Court decision last month that found Barbara Malimali's sacking was unlawful.

Malimali is now seeking nearly US$1.4 million compensation from the government plus her job back.

The prime minister has changed his mind three times in quick succession over the ruling by Justice Dane Tuiqereqere on 2 February.

Initially, he was appealing the finding - said to have been personally embarrassing - then he was not and now he is.

Rabuka told local media this week he would decide on his next move following the outcome of the appeal.

When asked if he would resign if the appeal failed, something he previously promised, he replied: "That was when the decision that came (Tuiqereqere's ruling) was not very clear to me as a non-lawyer, now I'll leave it to the court and when that comes out I'll make a decision."

So why appeal now?

Rabuka's lawyer Simione Valenitabua sent RNZ Pacific an eight-page document outlining an appeal against the "whole judgement".

In the document, Rabuka claims Tuiqereqere made an "error of law" eleven times, including:

• Wrongly interpreted section 82 of the 2013 Constitution
• Incorrectly concluded that section 5 of the Fiji Independent Anti Corruption Commission (FICAC) Act is consistent with section 82 of the Constitution
• Upheld an "untoward and legally perverse" Constitutional hirearchy
• Adopted "narrow literalism" in interpreting the Constitution

Rabuka wants the appeal to be allowed and the judgement set aside. He is seeking declarations that state that:

• Malimali's appointment was unlawful and contrary to section 82 of the Constitution
• Section 2 of the FICAC Act is unconstitutional (and purports to require the President to act on the advice (as opposed to the recommendation) of the Judicial Services Commission (JSC) before appointing the head of the Commission
• Malimali's appointment was invalid due to pre-appointment "taint"
• The acting FICAC Commissioner Lavinia Rokoika remain during the appeal process

Rabuka has also requested an order staying the execution of Tuiqereqere's judgement and all further proceedings pending the outcome of the appeal.

Malimali's lawyer Tanya Waqanika said in a Facebook post on Friday

"I confirm that we received the prime minister's appeal on Tuesday. The prime minister also said that he will resign should he lose the appeal. Barbara Malimali - we better win the appeal!!! Game on!!!"

Malimali's dismissal

Fiji's President Ratu Naiqama Lalabalavu suspended Malimali in May 2025 and subsequently revoked her appointment a month later.

The President acted on the advice of Rabuka, following a damning Commission Inquiry (COI) last year into her appointment as commissioner of the Fiji Independent Commission Against Corruption (FICAC).

Tuiqereqere stated that the Judicial Services Commission was the constitutuional body responsible for appointing, disciplining and removing FICAC commissioner.

Rabuka immediately announced he would appeal the decision or resign if an appeal failed.

However, Information Minister Lynda Tabuya quickly tried to wallk back his public comments and admission that he had made the wrong decision.

Tabuya told reporters at the time that Rabuka had the full support of the Cabinet.

"So at this point he has not admitted that. I think the media or what is being put out needs to be corrected," Tabuya said.

"If you look at his statement he did refer to the appeal process and if at the end of it he certainly was wrong, in law, he would consider resigning."

'Deep-rooted questions' about Rabuka's leadership

University of Canterbury Distinguished Professor Steven Ratuva told Pacific Waves last month that High Court decision added to the pressure piling up under Rabuka's leadership.

"This is probably something which is leading him towards breaking point, and the fact that he has signalled his willingness to resign If the appeal doesn't come through, is something which only he himself will have to decide," Ratuva said.

The first time Rabuka did a u-turn over appealing, iTaukei academic Jope Tarai of the Australian National University said, "The prime minister is under a lot of public and political pressure, its not necessarily an ideal situation."

"The election is coming up, the more this is playing out, the more this is dragging out, the more there are deep-rooted questions about his leadership and the coalition government's intentions," Tarai said.

He said the ruling People's Alliance Party (PAP) is increasingly being seen as devolving, or in effect fighting itself.

"What is perceived as flip-flopping [by Rabuka] in decision-making is him trying to situate power," Tarai said.

RNZ Pacific has contacted Rabuka's lawyer Simione Valenitabua, the government's information minister Samisoni Pareti and Barbara Malimali's lawyer Tanya Waqanika for comment.

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