Supervisor of Elections, Mohammed Saneem has today stated that the National Federation Party’s complaint dealing with the FijiFirst allegedly using the Fijian Government Facebook page as a campaign tool, contains factual inaccuracies and is misconceived in law.
While dismissing the complaint, Saneem says it appears to be an attempt by the NFP to restrain ministers from discharging their legal functions under the guise of campaign law breach.
He says they had a thorough evaluation of the complaint by the NFP and the responses received from FijiFirst and the Acting Permanent Secretary for Communications.
Saneem says the findings include that the NFP has made incorrect references to the venue for the press conference as the venue of the press conference was held at level 10, Ro Lalabalavu House, the press conference was in relation to the inflation mitigation payment of $180.00 and it was held by Aiyaz Sayed-Khaiyum in his capacity as the Attorney General and Minister, and Sayed-Khaiyum was not holding the press conference in his capacity as the General Secretary of FijiFirst.
The Supervisor says as the AG, he responded to media queries in relation to relevant provisions of the Electoral Act.
He says in doing so, the AG criticized Biman Prasad’s statements as was within his capacity as a Minister to address and clarify certain information needed by the media.
Saneem says such action cannot be ordinarily viewed as campaign.
The Supervisor of Elections also says the AG and Minister did not post on the Fijian Government Facebook page and he also did not authorize the posts that were made subsequent to the press conference.
Saneem says the Acting Permanent Secretary, Tupou’tuah Baravilala confirmed that the posts are in line with regular coverage of government events and media conferences.
Section 113(4) of the Act states that it shall be unlawful to conduct campaign activities or to post or distribute any campaign material inside a public office.
Saneem says the press conference was conducted by Aiyaz Sayed-Khaiyum in his capacity as the AG and Minister.
He says the statement delivered and the responses to questions in the media were part of the same press conference and his role.
The Supervisor says it is a far stretch if the actions of the AG as Minister were to be implied as actions in campaign.
He says this would undermine the entire functioning of government.
Saneem says it would also set a bad precedent and could prevent office holders from delivering their legal functions.
He says the AG provided direct responses to statements made on the law.
Saneem says it is also noted that NFP has incorrectly stated that Sayed-Khaiyum was speaking in his capacity as the General Secretary for FijiFirst perhaps in an attempt to build gravitas to a complaint conceived on poor interpretation of the law.
He says they have noted that the NFP has raised issues in the complaint that there may also be a breach of section 113(2) of the Electoral Act by the Fijian Government Facebook page in publishing the press conference as well as the posts on the said page following the press conference.
Section 113(2) states that it shall be unlawful for any public officer to conduct campaign activities.
Saneem says in relying on the earlier finding that the actions of Sayed-Khaiyum did not qualify as ‘campaign’ within the definition of the Electoral Act, the NFP’s assertions in relation to a possible breach of section 113(2) of the Electoral Act also fails.
He also says in any event, the Acting Permanent Secretary for Communications also confirms that Sayed-Khaiyum did not create or approve the posts on Facebook.
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