Fiji Labour Party Leader Mahendra Chaudhry calls on the Electoral Commission and the Supervisor of Elections to obey the law as they have no discretionary powers not to report the FijiFirst Party to FICAC.
He says the apparent reluctance of the official to act in accordance with the law is not acceptable, and it may well be seen as compromising the independence, impartiality and integrity of the Fijian Elections Office.
Chaudhry says he draws their attention to the very specific provision in section 18 of the Electoral Act which clearly requires that they “…immediately report in writing to FICAC any election-related criminal offence, including any criminal offence prescribed in the Act.
The FLP Leader says the law is absolutely clear and neither the Commission nor the Supervisor is allowed any discretionary authority under it.
Chaudhry says they must immediately report any breach in writing to FICAC.
He was responding to a statement issued yesterday by Supervisor of Elections, Mohammed Saneem who described as madness and theatrics the call by the Opposition political parties that he report the alleged breach of the Electoral Act by the FijiFirst Party to FICAC regarding the unlawful display of the party banner on the Suva City Council carpark building.
Chaudhry says the unlawful display of the banner was an offence committed under section 112(3) of the Act for which, upon conviction, a person is liable to a fine not exceeding $10,000 or a term of imprisonment not exceeding five years, or both.
The FLP Leader says the fact that the offence was committed was acknowledged by the Supervisor who himself ordered the removal of the banner.
He says under section 152 (1)(a), a person who contravenes any section of the Electoral Act includes, in the case of a political party, the registered officer and office holders of the political party.
I’m particularly disturbed about this madness and theatrics - Saneem
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