Today, Friday 24 May 2024, I have referred two (2) matters of probable commission of electoral breaches to the Fiji Independent Commission Against Corruption [‘FICAC’]. The matters are related to the FijiFirst appointment of its Party Leader and the Honourable Lynda Tabuya, respectively.

With regards to the appointment of the FijiFirst Party Leader, on 09 May 2024, the former FijiFirst General Secretary Mr. Aiyaz Sayed-Khaiyum conducted a press conference and made statements to the effect that former Prime Minister Josaia Voreqe Bainimarama will continue to be the Party Leader of FijiFirst. On the same day, Mr. Bainimarama was convicted for the offence of attempting to pervert the course of justice contravening Section 190(e) of the Crimes Act 2009 and sentenced to a term of 1-year imprisonment.

I understand that this conviction has been appealed but Section 5(3) of the Political Parties (Registration, Conduct, Funding and Disclosures) Act 2013 [‘Act’] states that,

A person is disqualified from being an office holder of a political party that is registered under this Act if that person has, in the 5 years preceding the date when he or she applies to become an office holder of the political party—

(a)   been declared an undischarged bankrupt; or

(b)   been convicted of an offence and sentenced to imprisonment for a period of not less than 6 months.

An office holder refers to someone that is either elected or appointed by the members of the political party to hold office in that political party. At the moment, Mr. Bainimarama continues his appointment as Party Leader despite not meeting the requirements of Section 5(3) of the Act. The endorsement of the appointment of Mr. Bainimarama as Party Leader may be an offence relating to the Act. Therefore, pursuant to Section 18 of the Electoral Act 2014, I have referred this matter to the FICAC for their further action.

In addition, the Fijian Elections Office [‘FEO’] received a complaint against the Honourable Lynda Tabuya and the FEO is of the position that the allegation contained in the complaint maybe an offence relating to the Act.

Apart from the above matters, the FEO has also, to date, referred the following individuals to FICAC for probable commission of electoral breaches:

1. The Hon. Charan Jeath Singh – Referred to FICAC on 31 Oct 2023
2. Mr. Aiyaz Sayed Khaiyum – Referred to FICAC on 15 Feb 2024
3. Mr. Frank Voreqe Bainimarama – Referred to FICAC on 15 Feb 2024
4. H.E. Ratu Willame Kotonivere – Referred to FICAC on 15 Feb 2024
5. The Hon. Biman Prasad – Referred to FICAC on 05 April 2024
6. Mr. Usaia Waqatairewa – Referred to FICAC on 20 Mar 2024
7. The Hon. Lynda Tabuya – Referred to FICAC on 05 April 2024
8. Mr. Josaia Gonewai – Referred to FICAC on 14 May 2024
9. The Hon. Manoa Kamikamica – Referred to FICAC on 05 April 2024
10. The Hon. Siromi Turaga – Referred to FICAC on 05 April 2024
11. Ms. Tanya Waqanika – Referred to FICAC on 14 May 2024
12. Mr. Viliame Takawaya – Referred to FICAC on 14 May 2024
13. The Hon. Aseri Radrodro – Referred to FICAC on 14 May 2024
14. The Hon. Ifereimi Vasu – Referred to FICAC on 14 May 2024
15. The Hon. Semi Koroilavesau – Referred to FICAC on 14 May 2024
16. The Hon. Faiyaz Siddiq Koya – Referred to FICAC on 14 May 2024
17. Mr. Semesa Karavaki – Referred to FICAC on 14 May 2024

I would like to emphasize that the FEO is under a statutory duty to promptly refer these matters to FICAC. By invoking my powers under Section 18 of the Electoral Act 2014, I have merely asked FICAC to look into the “probable” commission of electoral breaches. The use of the words, “immediately report the matter” does not afford the FEO any other choice. Procedural fairness will be provided to these individuals when FICAC carries out its assessments on the matters.

Therefore, these referrals must not be misconstrued as finding these individuals guilty of any offence. I reiterate my dedication to continuously uphold independence, impartiality, electoral integrity, accountability and transparency.

In respect of FICAC’s statutory role, all inquiries regarding these complaints should be directed to FICAC.