Fijian Election

Section 93 holds the key

December 22, 2022 12:40 pm

Section 93(3) of the Constitution is the only avenue, which will decide on who will be the next Prime Minister of Fiji.

FijiFirst General Secretary, Aiyaz-Sayed Khaiyum made these comments in response to a question about any possibilities of forming an interim government.

He says there is no provision for this under Section 93(3).

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“I do not know who is making those claims, but there obviously is any other proposal other than that what is in the Constitution is illegal. That’s the point.”

FijiFirst is also adamant that no matter what transpires at coalition talks, and no matter what parties decide outside of the August House, only a vote will decide.

Sayed-Khaiyum says the voting on the floor of Parliament will determine the outcome.

“Ultimately what kind of coalition, what they say does not matter. What really matters is Section 93 of the Constitution, which is when Parliament is convened, then we vote on the floor of Parliament. That’s what matters. You can go and write 100 letters now to say these group of people supporting this group if people, it does not matter, legally it does not matter.”

Social Democratic Liberal Party’s Anare Jale says they have made a legal decision and that is to support the People’s Alliance and the National Federation Party coalition.

He says despite claims made by their General Secretary Lenaitasi Duru that the voting at the board meeting was unconstitutional, it was one man’s view.

A SODELPA working group is meeting today with a Management Board meeting will also take place tomorrow.

The section states that after a general election, if no one political party has won more than 50% of the total number of seats in Parliament, then, at the first sitting of Parliament, the Speaker must call for nominations from members of Parliament and, if only one person is nominated and seconded, then that person assumes office as the Prime Minister by taking before the President the oath or affirmation of allegiance and office (which the President must administer); but if more than one person is nominated and seconded, the Speaker must conduct a vote.

Following this, if after the first vote, a person who is nominated has the support of more than 50% of the members of Parliament, then that person assumes office as the Prime Minister by taking before the President the oath or affirmation of allegiance and office (which the President must administer).

And if after the first vote, no person who is nominated receives the support of more than 50% of the members of Parliament, a second vote must be held within 24 hours of the first vote and, if after the second vote, a person who is nominated has the support of more than 50% of the members of Parliament, then that person assumes office as the Prime Minister by taking before the President the oath or affirmation of allegiance and office (which the President must administer).

If after the second vote, no person who is nominated receives the support of more than 50% of the members of Parliament, a third vote must be held within 24 hours of the second vote.

Should after the third vote, a person who is nominated has the support of more than 50% of the members of Parliament, then that person assumes office as the Prime Minister by taking before the President the oath or affirmation of allegiance and office.

However, if after the third vote, no person receives the support of more than 50% of the members of Parliament, the Speaker shall notify the President in writing of the inability of Parliament to appoint a Prime Minister, and the President shall, within 24 hours of the notification, dissolve Parliament and issue the writ for a general election to take place in accordance with the Constitution.