Attorney General, and Minister for Elections, Aiyaz Sayed-Khaiyum

Attorney General, and Minister for Elections, Aiyaz Sayed-Khaiyum has tabled the Electoral (Amendment) Bill 2022 (‘Bill’) in parliament this morning which seeks amendment to reflect recommended changes.

In preparation for the 2022 General Election, the Fijian Elections Office has recommended changes to the Electoral Act to reflect practical ways of implementing existing provisions of the Act.

These amendments are also supported by the Electoral Commission for the conduct of free and fair elections.

Sayed-Khaiyum says given the 2022 General Election will take place once Parliament is dissolved, it is necessary that such amendments are made expeditiously to avoid any potential procedural conflicts under the Act vis-à-vis the practical considerations on the ground.

“The introduction of the amendments earlier in the cycle in relation to the campaign period, in the application of campaign laws as brought about requirements for the Fijian Elections Office to have the powers to obtain information necessary to determine issues in campaign complains prior to FEO determining whether or not a law has been breached and exercising his powers pursuant to section 18 of the Act.”

Sayed-Khaiyum says it is also an internationally recognized best practice to review and reform laws following the conduction of elections.

He says Clause 3 of the Bill amends section 6 of the Act to provide for the powers of the Supervisor of Elections (‘SoE’) necessary to carry out his or her functions under the Act, including the power to direct a person, by notice in writing, to furnish any relevant information or document.

“Without this specific power, the SoE is unable to make enquiries to obtain information necessary for the SoE to arrive at decisions as required by the Act. Such powers are also extremely important to allow the SoE to conduct enquiries into allegations of breaches of campaign provisions.”

Sayed-Khaiyum says therefore for this exercise, it is necessary that the SoE has the power to obtain relevant information or documentation.

However, the proposed amendment to this section of the Bill was opposed by National Federation Party Leader, Professor Biman Prasad.

“This is a government which has continued to empower the Supervisor of Elections. The Supervisor of Elections is almost like a God now. So much powers have been given to the SoE and a lot of the decisions that the Supervisor of Elections makes cannot be even challenged in the Court of Law.”

National Federation Party Leader, Professor Biman Prasad

SODELPA Leader, Viliame Gavoka also claimed in parliament that they cannot talk about their policies during campaigns as they have to meet certain requirements.

“Silly requirements that whatever we put in our manifesto must have a cost to it, where we going to get the money from, how it will affect the national budget? And government has all the advantages because they have these figures with them.”

SODELPA Leader, Viliame Gavoka [Source: Parliament of the Republic of Fiji]

However, Attorney General Aiyaz Sayed-Khaiyum says all the figures are available on the Ministry of Economy’s website and also in the recent budget.

Minister for Infrastructure, Jone Usamate says the Opposition does not want the voters know the facts.

“The group on this side is telling the people of this country that there is no accountability for what they will portray in the next election. Are we supposed to treat the voters of this country like idiots?”

Minister for Infrastructure, Jone Usamate

Clause 4 of the Bill amends section 36 of the Act to allow the numbers used in an election of members of Parliament to be used in any future election of members of Parliament.

According to the Act, each political party may nominate up to 55 candidates (being the total number of seats as determined by the Electoral Commission for the 2022 general election) and therefore the maximum total number of candidates that can be nominated through political parties is 550.

The Electoral Commission has already approved, through a publicly conducted draw, that the first number on the ballot paper will be 173.

In applying the provisions of the Act, the FEO assigns the numbers in series from 173 until all the candidates have been assigned numbers.

There is a likelihood that the series will repeat the numbers from the 2018 general election.

If such repetition occurs and section 36(7) of the Act is not removed, the validity of the entire election is at stake.

One must also consider that 4 years have passed since the last election and individuals will have likely forgotten the numbers from the last election.

The amendments propose to insert section 110A to the Act to empower the Electoral Commission to adopt and publish guidelines on opinion polls, surveys and research related to elections which was opposed by SODELPA MP Ro Filipe Tuisawau.

“This came about because the opinion poll is coming against them. That is the main reason. That is the truth.”

SODELPA MP Ro Filipe Tuisawau [Source: Parliament of the Republic of Fiji]

But the AG says people from Tuisawau’s own party are against the current Opinion Polls.

“There are people in SODELPA who have commented. Other political party members have commented about her the poll has been published and there are no standards. What is wrong with the Electoral Commission adopting international standards?”

Sayed-Khaiyum says given the 2022 General Election will take place once Parliament is dissolved, it is necessary that such amendments are made quickly to avoid any potential procedural conflicts under the Act vis-à-vis the practical considerations on the ground.

The Bill will be debated on Thursday.

Click here to view BILL NO. 49 OF 2022