Mollyn Nakabea 
[Photo: Mollyn Nakabea]
The High Court has upheld Fiji Independent Commission against Corruption’s authority to prosecute alleged offences under the Political Parties Act.
It has dismissed applications by former Deputy Prime Minister Professor Biman Prasad and lawyer Tanya Waqanika to permanently halt their cases.
Both had challenged FICAC’s jurisdiction, arguing that the Commission did not have the legal authority to pursue the charges against them.
In Prasad’s case, the challenge centred on allegations that he failed to comply with statutory disclosure requirements.
The court found that failing to meet those requirements, or providing false information, constitutes illegal conduct connected to an election. Section 24(5) of the Political Parties Act makes the offence punishable by a fine of up to $50,000 or imprisonment of up to 10 years.
Waqanika’s application concerned restrictions imposed on public officers under the Political Parties Act.
The court found that the restrictions are intended to prevent public officers from interfering in elections and protect the integrity of the electoral process.
In both cases, the court considered whether the alleged offences came within Section 2A(c) of the FICAC Act, which gives FICAC authority to investigate and prosecute corrupt or
illegal conduct relating to elections.
It rejected the argument that the conduct must take place during an actual election, finding that the provision also covers conduct linked to the wider electoral process.
The dismissal means neither prosecution is stopped. Both cases will continue in the Suva Magistrates Court.
