Following calls by former Supervisor of Elections Mohammed Saneem for an investigation into the actions of current Supervisor Ana Mataiciwa and three other Elections Office staff, Electoral Commission Chair Justice Usaia Ratuvili says establishing an Independent Investigation Committee falls outside its constitutional mandate.
This comes after Saneem wrote to the commission following Saneem and former Attorney General Aiyaz Sayed-Khaiyum's acquittal last Friday by Chief Justice Salesi Temo on corruption related charges where Mataiciwa was the main complainant and the other staff were witnesses.
In a statement, Justice Ratuvili says disciplinary matters concerning the Supervisor of Elections are properly within the jurisdiction of the Constitutional Offices Commission, and the Commission notes that Saneem has already lodged a formal complaint with the COC, which is the appropriate and constitutionally empowered body to deal with this matter.
The Electoral Commission fully defers to that process.
He says with respect to the other named FEO officials, the Commission further advises that their appointment, terms and conditions, and removal from office fall under the authority of the Supervisor of Elections and not the Electoral Commission.
The Commission Chair says these matters are equally outside the Commission's ambit.
The Commission acknowledges that it is Saneem's right to have lodged his complaint with the COC pursuant to Section 137 of the Constitution, and the Electoral Commission will await the outcome of that process.
The Commission has assured Saneem, all political parties, and the people of Fiji that it remains mindful of its role as the ultimate custodian of the elections process.
Justice Ratuvili says the Commission is empowered under Section 8(1) of the Electoral Act 2014 to oversee the work of the Supervisor of Elections and to issue directions and instructions to any incumbent of that office in the performance of their duties.
He adds preparations for the General Elections are well underway and the Commission is ensuring that everything is well in hand before Fiji goes to the polls.
