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Electoral Commission (Fiji)

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Electoral Commission
Agency overview
FormedJanuary 2014 (2014-01)
JurisdictionFiji
HeadquartersSuva
Agency executive
Websiteelectoralcommission.org.fj

The Electoral Commission is an independent statutory body responsible for conducting elections in Fiji. It is also responsible for registering Fijian voters, political parties and candidates for elections.

History

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The Electoral Commission was established in 1970 when Fiji gained its independence from the United Kingdom. The Commission was led by a chairman appointed by the Governor-General of Fiji at the advice of the Prime Minister. Additionally, a minimum of two and a maximum of four members of the Commission were also appointed by the Governor-General. The Commission was mainly responsible for conducting elections for members of the House of Representatives.[1]

Following the 1987 Fijian coups d'état, the 1970 Constitution was abrogated[2] and the Commission was re-established by the 1990 Constitution of Fiji.[3] However, a constitutional review in 1995 saw the establishment of the 1997 Constitution of Fiji passed by both chambers of Parliament. The Commission remained and continued in existence.[4] The 2006 Fijian coup d'etat resulted in the abrogation of the 1997 constitution and the interim military government issued the State Services Decree 2009 with section 4(1) of the decree establishing the Commission.[5]

Since taking power, the interim military government on 24 May 2007 appointed new members of the Electoral Commission. The appointment was made through a proclamation issued by President Josefa Iloilo. Mohammed Sahu Khan was appointed as chairman along with three other members.[6] The Commission rejected claims made by opposition parties of being "pro-interim regime."[7]

In 2008, the interim government affirmed its commitment to hold general elections in 2009.[8] Later in May, the Commission reaffirmed that commitment [9] However in July 2008, the Commission confirmed that elections will not go as planned unless changes have been made to the electoral system.[10] Interim Prime Minister Frank Bainimarama stated that it does not matter if the changes takes five to ten years.[11]

On 6 September 2013, the country's fourth constitution came into effect.[12] The Electoral Commission was reformed and consisted of seven members led by Chen Bunn Young.[13] The Commission conducted the 2014 Fijian general election under the new constitution; Frank Bainimarama won the election. The opposition parties refused to accept the results and called on the Commission to suspend all counting alleging voter fraud.[14] The Commission ultimately dismissed all claims.[15]

Functions

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The functions of the electoral commission according to the Electoral Act 2014:[16]

  • Registering voters, political parties and candidates for election
  • Issuing and receiving the writ of election
  • Declare the election results and allocate seats in Parliament
  • Enforces the Electoral Act governing political parties.

Members

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According to the 2013 Constitution of Fiji, the Electoral Commission is composed of a chairperson who also qualifies to be a Judge and six other members. They are all appointed by the President of Fiji at the advice of the Constitutional Offices Commission. The Supervisor of Elections serves as the secretary to the Commission.[17]

The current members of the Electoral Commission are:[18]

  • Mukesh Nand (Chairperson)
  • Jawahar Lal
  • Margot Jenkins
  • Kavita Raniga
  • Selina Wah
  • Ateca Ledua

References

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  1. ^ "1970 Constitution of Fiji" (PDF). Government of Fiji. pp. 47–48. Archived (PDF) from the original on 28 March 2021. Retrieved 28 January 2023 – via Constitution Net.
  2. ^ "FIJI COUP LEADER DECLARES REPUBLIC". The New York Times. 7 October 1987. ISSN 0362-4331. Archived from the original on 15 May 2019. Retrieved 28 January 2023.
  3. ^ "Constitution of the Sovereign Democratic Republic of Fiji (Promulgation) Decree 1990" (PDF). Pacific Islands Legal Information Institute. Archived (PDF) from the original on 24 December 2022. Retrieved 28 January 2023.
  4. ^ "Constitution (Amendment) Act 1997" (PDF). PACLII. Archived (PDF) from the original on 26 February 2023. Retrieved 28 January 2023.
  5. ^ "State Services Decree 2009" (PDF). Fijian Government. pp. 24–25. Archived (PDF) from the original on 26 February 2023. Retrieved 28 January 2023 – via PACLII.
  6. ^ "Fiji beats deadline to appoint electoral commission". RNZ. 25 May 2007. Archived from the original on 26 February 2023. Retrieved 28 January 2023.
  7. ^ "Rabuka rebuffed over Fiji electoral commission comment". RNZ. 28 May 2007. Archived from the original on 26 February 2023. Retrieved 28 January 2023.
  8. ^ "Fiji interim regime reffirms 2009 election plan". RNZ. 6 February 2008. Archived from the original on 26 February 2023. Retrieved 28 January 2023.
  9. ^ "Fiji's Electoral Commission says elections will take place". RNZ. 28 May 2008. Archived from the original on 26 February 2023. Retrieved 28 January 2023.
  10. ^ "Fiji Electoral Commission confirms poll delays". RNZ. 25 July 2008. Retrieved 28 January 2023.
  11. ^ "Fiji's interim PM speaks of elections in possibly 5 or 10 years". RNZ. 27 January 2009. Archived from the original on 26 February 2023. Retrieved 28 January 2023.
  12. ^ "President signs long-awaited Fiji constitution into law". ABC News. 6 September 2013. Archived from the original on 16 November 2022. Retrieved 28 January 2023.
  13. ^ "Fiji announces seven-member Electoral Commission". RNZ. 9 January 2014. Archived from the original on 26 February 2023. Retrieved 28 January 2023.
  14. ^ "Fiji political parties refuse to accept poll results". RNZ. 18 September 2014. Archived from the original on 26 February 2023. Retrieved 28 January 2023.
  15. ^ "Fiji election fraud dismissed but protest continues". RNZ. 21 September 2014. Archived from the original on 26 February 2023. Retrieved 28 January 2023.
  16. ^ "Electoral Act 2014" (PDF). Fijian Government. p. 232. Archived (PDF) from the original on 21 December 2022. Retrieved 28 January 2023 – via Fijian Elections Office.
  17. ^ "2013 Constitution of Fiji" (PDF). Fijian Government. p. 30. Archived (PDF) from the original on 6 October 2022. Retrieved 28 January 2023 – via Constitute Project.
  18. ^ "The Electoral Commission – The Electoral Commission Fiji". Archived from the original on 7 December 2022. Retrieved 28 January 2023.
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