Fiji's anti-corrupt chief faces legal turmoil amid political tensions and NZ's denial of support

The New Zealand Government has made it clear that it did not offer assistance to the Fijian government over a legal case involving the country's former anti-corruption chief.

Lawyer Barbara Malimali was appointed as the head of Fiji's Independent Commission Against Corruption (FICAC) in September 2024, effective for a three-year term.

But shortly after her appointment, Malimali was questioned by investigators after being detained at the direction of her acting deputy commissioner, Francis Puleiwai. Last month, the Fiji Police began investigations into a Commission of Inquiry report on Malimali's appointment.

Before taking on the new role, Malimali was the Chairperson of Fiji's Electoral Commission (ECF).

FICAC was established in 2007 under the leadership of Frank Bainimarama, who has been Fiji's Prime Minister for 15 years. But many people believe that FICAC has not fulfilled its purpose.

In a statement, Puleiwai says Malimali should not have been considered for the FICAC head position, as the organisation was investigating her for allegedly misusing her authority as chair of the Electoral Commission.

Pulewai also sought an arrest warrant for Fiji's Deputy Prime Minister and Minister of Finance, Biman Prasad, claiming that he failed to fully disclose his assets prior to the 2023 election.

Documents that were leaked online indicate that Puleiwai informed Fiji's Justice Minister about the investigation into Prasad's finances.

The move sparked strong reactions, leading to the dismissal of Attorney-General Graham Leung, who suggested Puleiwai was targeting Malimali due to her unsuccessful application for the top position.

From left, Deputy Prime Minister and Minister of Finance Dr Biman Prasad, former FICAC deputy commissioner Francis Puleiwai, and dismissed Attorney-General Graham Leung. Photo/Fiji government/FICAC

Leung dismissed the allegations against Malimali, saying they resulted from a misunderstanding and expressed concern over a trend in which people are unfairly blamed based on rumours.

"If Ms Pulewai has a problem with the appointment, then, like everyone else, she should take it to court."

On 29 May 2025, Malimali was suspended by the President, Ratu Naiqama Lalabalavu, at the Prime Minister's advice while investigations were underway. But just a few days later, the President acknowledged that the suspension decision had been sent to Malimali by mistake.

Following these events, Puleiwai resigned from her position as deputy commissioner.

Malimali is challenging the President's decision in court, and on 22 July, a judge granted her leave to bring judicial review proceedings against her dismissal.

PMN News understands that the Fiji government looks set to pay around NZ$1.5 million in damages to Malimali, offering the disgraced commissioner an out-of-court settlement after her lawyer lodged the judicial review of her sacking in the High Court in Suva.

Recent reports have also stated that there were misunderstandings over remarks made by New Zealand's Prime Minister, Christopher Luxon, suggesting that he had offered legal support to Fiji.

Fiji's Prime Minister, Sitiveni Rabuka, maintains that the New Zealand Government is willing to help if a formal request is made. He adds that they have not yet requested support but would communicate through the appropriate channels if needed.

“If it comes to the point where we need to fight, New Zealand is ready to assist us. And we will take it up.

“They are prepared. We have not requested it. If we make the request, then they will send it. I would communicate this either through my Solicitor-General or Attorney-General on our side.”

But a spokesperson for New Zealand's Ministry of Foreign Affairs and Trade (MFAT) told PMN News that the "Government has not made any offer to, nor received any request from, the Government of Fiji in this matter".

Malimali is the first female commissioner to assume the role after Rashmi Aslam's resignation in September 2023.