Acting Supervisor of Elections Ana Mataiciwa says the Chairperson of the Electoral Commission Mukesh Nand has written to the President Ratu Wiliame Katonivere and the Speaker of Parliament Ratu Naiqama Lalabalavu last Wednesday informing them of the inability to submit the Joint Report on the 2022 general elections due to the lack of quorum in the Electoral Commission.
While speaking in a press conference, Mataiciwa says the Electoral Commission and the Fijian Elections Office to date have not been able to table the Joint Report given that the Electoral Commission is unable to meet because it only has two existing members and 5 vacant seats.
She says the Electoral Act 2014 specifies that the commission, in making decisions, must have a full quorum of 4 members.
She further says she has already complied with the requirements of section 109 of the law by tabling the FEO report to the commission and this is published on the FEO website.
Mataiciwa adds that in line with current practice, this report is attached in the Joint Report.
The Acting SOE also clarifies that they would like to state that the FEO and the Electoral Commission have no intention of breaching or not complying with existing legal requirements.
She says given the current situation, they are limited by vacancies in the Electoral Commission which has not been filled by the Constitutional Offices Commission.
When questioned if the FEO have received any response from the Prime Minister and Chair of the Constitutional Offices Commission, Sitiveni Rabuka or the Attorney General and commission member, Siromi Turaga on the appointments of the Electoral Commission members, Mataiciwa says they have not received any update from the Constitutional Offices Commission in regards to the appointment of the Electoral Commission members.
She says ever since the expiry of the terms of the EC members in March, they have been following up with the Constitutional Offices Commission in regards to the appointments, but as of yesterday, they have not received a response.
She also highlighted that on Tuesday, the FijiFirst General Secretary Aiyaz Sayed-Khaiyum claimed that she should have facilitated the processing of the two FijiFirst vacant seats in parliament.
Mataiciwa stresses that the responsibility of filling vacant seats in parliament lies with the Electoral Commission as stipulated in Section 64 of the Constitution.
She says that comments with regards to complaints made against her in her capacity as the Acting SOE is to be directed to the Electoral Commission.
FijiFirst Party General Secretary, Aiyaz Sayed-Khaiyum says the Acting Supervisor of Elections, Ana Mataiciwa has breached the law where the Supervisor of Elections and the Electoral Commission must present a report within 6 months post elections to parliament and the President.
He says the Acting Supervisor and the Commission have not done their job according to the law.
He went on to say “I’m sure fijivillage would love to report on it, NOT.”
Sayed-Khaiyum also says he feels for Electoral Commission Chair, Mukesh Nand and member, Ateca Ledua as they need other commission members to be appointed by the Constitutional Offices Commission, to have a quorum to meet.
He also says the FijiFirst still has two vacant parliamentary seats.
Sayed-Khaiyum is questioning when will these seats be filled as he says that at least the Acting SOE should have processed this.
He also raised the question on what is happening to his complaint to the Electoral Commission against the Acting SOE, Ana Mataiciwa.
The former Attorney General says “this lady (Acting SOE) believes she can do and say whatever she likes.”
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