FICAC's Role in Electoral Law Enforcement

The Fiji Independent Commission Against Corruption (FICAC) has specific powers relating to electoral matters in Fiji.

These powers are primarily derived from the Fiji Independent Commission Against Corruption Act No. 11 of 2007 and the Electoral Act of 2014

Investigation of Electoral Offences:

• FICAC is empowered to investigate any alleged or suspected offence of corrupt or illegal conduct pertaining to any election. This is explicitly mentioned in Section 2A(c) of the FICAC Act, which grants the Commissioner the power to investigate any offence to which the FICAC Act applies
• This includes a wide range of offences outlined in the Electoral Act, such as:
• Bribery Offering or conferring any property or benefit to influence a person's vote, candidature, or support for a candidate or party (Section 140 of the Electoral Act).
• Undue Influence: Hindering or interfering with a persons’ political right or duty that is relevant to an election (Section 141 of the Electoral Act).
• Personation: Voting or attempting to vote as someone else or a fictious person (Section 142 of the Electoral Act).
• Campaigning during polling day: Engaging in campaign activities on the day of the election within a polling station or prohibited area (Section 146 of the Electoral Act).
• Non-Interference in Campaign: Hindering the lawful campaign activity of any candidate or party (Section 111 of the Electoral Act).
• Prohibition on use of state resources to campaign: Using government resources for campaign purposes (Section 113 of the Electoral Act).
• Prohibition on Vote Buying: Offering money or other inducements to influence votes (Section 114 of the Electoral Act).
• Breach of Campaign Rules: Violating regulations related to campaign activities (Section 116 of the Electoral Act). Conspiracy to commit any of the above offences.
• Aiding, abetting, inciting, counselling, or procuring any of the above offences.
• Other related electoral offences exist under the Political Parties Registration, Conduct, Funding and Disclosures) Act such as an office holder of a political party failing to make declarations of assets, liabilities and business connections under section 24 of the Act. Under the Electoral (Registration of Voters) Act, it is an offence under section 10A to manipulate the national register of voters and its database.

Prosecution of Electoral Offences

FICAC uses lawful methods including warrants, evidence gathering, surveillance, and arrests in electoral offence investigations.

• Section 12B of the FICAC Act vests the Commissioner with the power to institute and conduct criminal proceedings in the Commissioner's own name for any offence to which the Act applies. This includes the electoral offences mentioned above.
• FICAC has actively investigated and prosecuted individuals for electoral offences, as evidenced by various press releases and court cases. Examples include cases related to:
• Alleged bribery and undue influence during elections
• Damage to campaign materials.
• Misuse of state resources for campaigning.
• Vote buying.

Common Electoral Offences in Fiji

FICAC exercises discretion to act only on serious and substantiated complaints, prioritizing the public interest in all cases.

• Bribery: Offering money, gifts, or benefits to influence a person's vote, candidature, or support for a candidate or party. For example, offering someone $50 to vote for a specific candidate.
• Undue Influence: Using threats, intimidation, or coercion to interfere with a person's free exercise of their political rights, such as preventing them from voting or forcing them to vote a certain way. For example, threatening to damage someone's property if they don't vote for a particular party.
• Personation: Voting or attempting to vote as someone else. For example, using a deceased person's voter card to cast a ballot.

Campaigning Violations:

• Campaigning during polling day: Engaging in campaign activities within a certain distance of a polling station on election day. For example, handing out flyers for a candidate right outside the polling place.
• Misuse of state resources: Using government property, vehicles, or personnel for campaign purposes. For example, a government minister using a government vehicle to transport campaign materials
• Breach of campaign rules: Violating regulations related to campaign advertising, funding disclosure, or the placement of campaign materials. For example, putting up campaign posters in prohibited areas..
• Prohibition on Vote Buying: Offering money or other inducements with the direct intention of influencing how someone votes. This is distinct from general bribery as it specifically targets the act of voting itself. For example, offering voters food hampers in exchange for showing proof they voted for a certain candidate.
• Non-Interference in Campaign: Hindering the lawful campaign activities of any candidate or political party. For example, disrupting a political rally of an opposing party.
• Offences Related to Electoral Information: Providing false information on voter registration forms or in other electoral documents. For example, falsely claiming residency in a certain constituency to register to vote there.
• Offences Related to Ballot Papers: Tampering with, destroying, or illegally possessing ballot papers. For example, stealing unused ballot papers from a polling station

These examples illustrate the types of illegal activities that can undermine the fairness and integrity of the electoral process, which FICAC is mandated to address in Fiji.