Waqanika Questions PM’s Legal Advice – FBC News
Fiji’s Legal landscape: Questions Swirl Around Attorney General’s Office Amidst Judicial Review
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Suva, Fiji - July 21, 2025, 13:37:22 – A significant legal challenge is currently unfolding in Fiji, raising critical questions about the integrity of advice being provided to the nation’s highest offices. Lawyer Tanya Waqanika, representing the recently terminated Commissioner of the Fiji Independent Commission Against Corruption (FICAC), Barbara Malimali, has publicly asserted that the Prime Minister and the President may be receiving counsel from sources other than the official Office of the Attorney General. This claim emerged during a court hearing where leave was granted for a judicial review into Malimali’s removal from her position.the implications of such a situation are far-reaching, touching upon principles of good governance, accountability, and the proper functioning of state institutions. As Fiji navigates its contemporary political and legal currents, understanding the dynamics of official advice and its potential external influences is paramount for public trust and the rule of law.
The Core of the Legal Challenge: Questioning Official Advice
The legal proceedings initiated by Barbara Malimali’s legal team, spearheaded by Tanya Waqanika, center on the process and justification for her dismissal from FICAC. While the specifics of the judicial review are still being established, a key point of contention, as alluded to by Malimali’s counsel, is the source of the advice that led to her termination.
Waqanika’s assertion that advice might not be originating from the Attorney General’s Office is a serious allegation.In a parliamentary democracy, the Attorney general typically serves as the chief legal advisor to the government, responsible for ensuring that all government actions and decisions are legally sound and in line with constitutional principles. Any deviation from this established channel of advice can lead to a breakdown in legal certainty and potentially expose the government to legal challenges and public scrutiny.
The public,as taxpayers,has a vested interest in understanding who is influencing governmental decisions,especially when those decisions involve significant public funds and the integrity of independent commissions like FICAC. The lack of transparency in the advisory process can erode public confidence and create an habitat where accountability becomes elusive.
The FICAC Commissioner’s Removal: A Matter of Public Concern
Barbara Malimali’s removal from her role as FICAC Commissioner has become a focal point for broader discussions about institutional independence and due process in Fiji. FICAC, established to combat corruption, plays a vital role in upholding public trust and ensuring ethical conduct within government and public life. The manner of its commissioners’ appointments and removals is therefore subject to intense public interest and legal scrutiny.
Waqanika’s statement suggests that the process leading to Malimali’s termination may have bypassed established legal protocols, raising concerns about potential procedural impropriety. The legal team’s intention to apply for judicial review signifies a formal challenge to the legality of the decision, seeking a court’s determination on whether the removal was conducted in accordance with the law and natural justice principles.
The legal team’s argument, as presented in court, implies that the advice received by the Prime Minister and President regarding Malimali’s removal might have been influenced by external parties, thereby undermining the Attorney General’s constitutional role. This raises essential questions about the separation of powers and the potential for undue influence on executive decisions.
Taxpayer Money and the Demand for Transparency
A significant aspect of Waqanika’s statement is the emphasis on taxpayer money. The operations of FICAC, like all government bodies, are funded by public resources. Therefore,any decision impacting the commission,its leadership,or its operations,especially those that lead to legal disputes and potential financial settlements,directly affects the public purse.
The call for transparency regarding who is “behind all this” is a direct appeal to the principles of good governance and accountability.Citizens have a right to know that their money is being managed responsibly and that decisions affecting public institutions are made through legitimate and transparent processes. When legal challenges arise, particularly those questioning the integrity of official advice, the public deserves clear explanations and assurances that public funds are not being mismanaged or wasted due to flawed decision-making processes.
The potential for further lawsuits stemming from the COI report on Malimali’s appointment underscores the gravity of the situation. If the initial appointment process itself is under legal challenge, and the subsequent removal is also being questioned, it suggests a potential pattern of procedural irregularities that could have wider implications for the credibility of the institutions involved.
Adding another layer to this unfolding legal narrative, FBC