The Electoral Commission has admitted it cannot fully verify whether all records seized during a Fiji Independent Commission Against Corruption (FICAC) investigation have been returned, raising concerns during a Parliamentary Standing Committee on Foreign Affairs hearing, scrutinising its 2023 and 2024 annual reports.
Commission Chairperson Justice Usaia Ratuvili told the committee that the current commissioners, most of whom were appointed after the events in question, are unable to provide detailed answers on some matters because key records were seized and institutional knowledge was lost during a period of significant disruption.
In 2018, FICAC had carried out a thorough investigation to finalise all the complaints in relation to the elections.
The Commission was also repeatedly questioned by the Parliamentary Standing Committee about activities undertaken during 2023, particularly voter education programmes, after only 48.3 percent of the Commission's budget was utilised that year.
Justice Ratuvili says the current Commission could not provide specific details, noting that many records were unavailable following the seizure of documents and equipment.
According to Justice Ratuvili, the expiry of commissioners' terms in 2023 left the body without a quorum for several months, preventing it from making formal decisions.
The situation was further complicated in 2024 by the seizure of records, the absence of a substantive chairperson for part of the year, funding pressures and staffing issues.
Justice Ratuvili told the committee that the loss of records delayed annual reporting, reduced access to official information and affected the Commission's ability to effectively discharge its constitutional responsibilities.
Standing Committee member Virendra Lal questioned how the seizure affected the Commission's independence and oversight role.
Justice Ratuvili says the impact was significant because, without a quorum, the Commission was unable to perform its constitutional function of overseeing the Supervisor of Elections.
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The hearing also revisited reports of a breakdown in the relationship between the Electoral Commission and the Supervisor of Elections.
Commission member Nemani Mati acknowledged communication problems and operational disruptions caused by the FICAC raid, saying the Commission was temporarily displaced and unable to access records needed to carry out its work.
Justice Ratuvili says the Commission is now focused on strengthening institutional systems to ensure future disputes do not undermine electoral governance.
He argued that previous arrangements relied too heavily on personalities rather than strong institutional processes.
The Commission also revealed it has recently finalised regulations for electoral laws first enacted between 2012 and 2014, noting that the legislation had operated for years without supporting regulations.
