FICAC has again cleared former Prime Minister, Voreqe Bainimarama regarding an investigation into the validity of Bainimarama’s position as Party Leader of the FijiFirst Party following his conviction on 9th May 2024, and whether any breaches of the Political Parties Act occurred.
The complaint, referred to FICAC by the Supervisor of Elections, Ana Mataiciwa, on 30th May 2024, centred on two key issues: whether Bainimarama breached the Political Parties Act by continuing to act as Party Leader following his conviction, and whether the termination of the 16 FijiFirst Members of Parliament should be voided.
Upon thorough examination, FICAC found no specific provision within the Political Parties Act that prohibits a convicted individual or elected candidate from continuing to hold office within a political party.
The provision relied upon by the Supervisor of Elections, Section 5(3)(b) of the Political Parties Act, states: "A person is disqualified from holding office in a registered political party if, in the five years preceding the date of their application to become an office holder, they have been convicted of an offence and sentenced to imprisonment for a period not less than six months."
FICAC says the provision does not apply to the circumstances in this matter.
Bainimarama was already an office holder (Party Leader) at the time of his conviction.
FICAC says Bainimarama did not apply for a new office following his conviction; therefore, the disqualification clause is not applicable.
The relevant legislation is instead found under the Electoral (Registration of Voters) Act 2012.
At the time the complaint was filed, Bainimarama remained a registered voter.
His name was formally removed from the National Register of Voters on 14th June 2024, pursuant to Section 12(1)(c) of the Act, which mandates the removal of individuals serving sentences of 12 months or more.
It was only upon this removal from the Register that Bainimarama’s eligibility to hold political office was affected.
The second part of the complaint concerned alleged breaches of the FijiFirst Party Constitution, specifically regarding Bainimarama’s status as Party Leader and his directive issued on 24th May 2024.
As outlined in the complaint, the Acting General Secretary of the FijiFirst Party, Faiyaz Koya, directed FijiFirst Members of Parliament to either vote against the motion or abstain, allegedly acting on instructions from the Party Leader, Voreqe Bainimarama.
However, a majority of the FijiFirst parliamentary caucus held the view that Koya had misrepresented the source of the directive, asserting that Bainimarama’s name was used without his consent in an attempt to unduly influence the caucus’s position.
FICAC determined that it does not have jurisdiction over internal party constitutional matters.
Based on the investigation findings, it is also recommended that the Electoral (Registration of Voters) Act 2012 be amended to ensure that the removal of individuals convicted of a criminal offence and sentenced to imprisonment takes effect from the date the judgement is delivered.
