In response to the allegations made by the Hon. Biman Prasad, the Acting Supervisor of Elections [‘ASoE’] Ms. Ana Mataiciwareiterates Section 18 of the Electoral Act 2014 which states:
“If the Electoral Commission or the Supervisor becomes aware at any time of the probable commission of an election related criminal offence including any criminal offence prescribed in this Act, it must immediately report the matter in writing to FICAC, and all election officials must fully cooperate in the investigation of any election related offence.”
“My office received the complaint, the complaints process was followed, and after assessment, powers under Section 18 of the Act was invoked, requesting FICAC to investigate a ‘probable’ breach. This must not be misconstrued as finding the Hon. Prasad guilty of any offence,” stated Ms. Mataiciwa.
Ms. Mataiciwa further stated that the referral of the complaint to the Fiji Independent Commission Against Corruption [‘FICAC’] was not only within her statutory rights as the ASoE to act on the complaint but equally under her statutory duty to refer the matter.
“I am not only within my statutory rights to act on the complaint, but equally under a statutory duty to refer the matter which I have done,” said Ms. Mataiciwa.
In summary, the ASoE acted in accordance with her legal obligations outlined in the Electoral Act 2014 by referring the matter to FICAC for investigation. This underscores the ASoE’s dedication to upholding independence, electoral integrity, and transparency.
In respect of FICAC’s statutory role to investigate probable breaches to the three (3) existing Electoral Laws, all inquiries regarding this complaint should be directed to FICAC.