The Judicial Services Commission will now wait for the outcome of the appeal filed by Prime Minister Sitiveni Rabuka on the High Court's decision regarding the dismissal of Barbara Malimali as FICAC Commissioner before they decide what to do about the FICAC Commissioner's position.
This has been confirmed by JSC Chair, Chief Justice Salesi Temo following a meeting with Malimali's counsel Tanya Waqanika and Deputy Solicitor General Eliesa Tuiloma.
He says they will also have to wait for High Court Judge Justice Siainiu Fa’alogo Bull's decision in former Deputy Prime Ministers Manoa Kamikamica and Professor Biman Prasad as well as Waqanika's stay applications where they have challenged the legality of Lavi Rokoika's appointment as Acting FICAC Commissioner.
Chief Justice Temo says in obeying and upholding the concept of rule of law, they are obliged again to wait until the High Court makes its decision.
He says their desire to conclude by the 31st of this month is beyond their control.
The Chief Justice says the Commission is not a court, the Court of Appeal is the court and they will have to follow through.
He says this does not stop the JSC sitting with the parties to negotiate an acceptable solution.
He hopes Justice Bull's decision is accepted but if they go on appeal again, they will be back to the scenario that they are in.
He says what Fiji is experiencing now is the practical application of the rule of law.
He is asking the public to understand the concept of the rule of law and how it works.
Chief Justice Temo says it's for the betterment of everybody to respect the court and let the court do its job.
He says that is what you pay judges for; to look at the issues, consider it carefully, listen to the submission of the party, and make a decision.
The Chief Justice says that the process is happening in the Rokoika case.
He says as far as they know, no court has said that Rokoika's appointment is unlawful.
When questioned by fijivillage News on what happens if Rokoika's appointment is deemed unlawful, Chief Justice Temo says they will have to take that into account and then make their decision accordingly in whatever recommendation they give to the President.
