Electing to Approve Travel Funds Without Authority. Election Supervisor Mataiciwa to Rabuka: 'Biman Prasad approved travel funds for Malimali, Atu Bain to observe India elections. He didn't have the authority to do so'

*If Fiji's Finance Minister Prasad allegedly approved travel funds for Barbara Malimali and Dr Atu Bain without having legal or delegated authority to do so, this could potentially amount to misconduct in public office, or breach of financial regulations. Fiji's Financial Management Act 2004, associated Financial Instructions, and the Constitution impose strict rules about how public funds are to be approved and disbursed.
*If Malimali or Atu Bain knew the funding was improperly approved, they might also be exposed to:
*Knowingly receiving unlawful benefits;
*Participating in an abuse of office;
*Breach of public trust because they held public roles.

*Outgoing Chair of ECF Barbara Malimali did not legally have the right to recommend individuals such as Daniel Fatiaki, Sevuloni Valenitabua or Walter Rigamoto as her permanent replacements.
*All appointments require processing through the Constitutional Offices Commission and formal declaration by the President, per constitutional and electoral law.
*Basically, she had no constitutional or statutory power to attempt to steer appointments by naming individuals as her possible successors.

Malimali to COC: 'In the meantime, I recommend Dr Atu-Emberson-Bain for the position of Acting Chair of the Commission.'
*NO MANDATE, NO NEUTRALITY: Why Barbara Malimali's Succession Move Threatened Public Trust

Dr Atu Emberson Bain

Barbara Malimali had no legal authority to recommend Atu Bain or anyone else as the Acting Chair of the Electoral Commission, either formally or informally. Here’s why:

Legal Framework: Appointment of Electoral Commission Members and Chair

• Under the Fiji Constitution (2013):

 

• The Chair and members of the Electoral Commission are appointed by the President, on the advice of the Constitutional Offices Commission (CoC) — [s. 75(2)].
• The Chair must be a legal practitioner with at least 15 years’ post-admission experience — [s. 75(4)].
• There is no provision in law that empowers the outgoing Chair to:
  • Nominate an Acting Chair, or
  • Recommend appointments to the CoC.

What About Interim Leadership?

The Constitution and Electoral Act do not provide for an acting appointment process initiated by a sitting or outgoing member. Only the CoC can advise the President on such appointments.

If there’s a vacancy in the Chair, the CoC may meet to advise on a temporary or full replacement, but:

• It is not triggered by recommendations from Commission members;
• Any attempt by Malimali to recommend Bain was overreach or improper influence.

Why This Is Problematic?

Undermines Institutional Independence

Even an informal recommendation could:

• Suggest preferential treatment or partisan intent;
• Undermine public trust in a neutral appointment process
• Improper political influence over the Electoral Commission;
• Bias in succession planning — especially dangerous in an electoral body. 

Violation of Good Governance Standards

This kind of informal recommendation violates:

• Public service ethics;
• Good governance principles expected of constitutional officeholders.​

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