The Commissioner of the Fiji Independent Commission Against Corruption (FICAC) authorizes the release of the following statement concerning the closure of the complaint against the Honourable Deputy Prime Minister, Dr. Biman Prasad.
The Fiji Independent Commission Against Corruption (FICAC) has formally responded to Ms. Ana Mataiciwa, Supervisor of Elections, regarding a complaint alleging that the Honourable Dr. Biman Prasad, Deputy Prime Minister and leader of the National Federation Party (NFP) had committed an offence for failing to comply with the declaration requirements under Section 24 of the Political Parties (Registration, Conduct, Funding and Disclosures) Act 2013.
The initial complaint was lodged with the Supervisor of Elections by one Alexander Forwood of Sydney, Australia. The complaint alleges that the Honourable Dr. Prasad, submitted false information in his declaration of income, assets and liabilities for the years 2014 – 2020, 2022 and 2023 to the Fijian Elections Office in his capacity as Party Leader of the National Federation Party.
FICAC initiated a comprehensive investigation that included an in‑person interview with the Honourable Dr. Prasad and a detailed review of documentary evidence and legal submissions provided by his counsel. Although the Political Parties Act does not explicitly list “party leader” among those required to declare, the Commission concluded that the Honourable Dr. Prasad’s role qualifies him as an “office holder” under section 24 and therefore subject to its declaration obligations.
The complaint that the Honourable Dr. Prasad should have disclosed his superannuation is debatable. Since 2014, the Honourable Dr. Prasad has provided his declaration to the Fijian Elections Office without including superannuation information, and there is no evidence before FICAC that the Supervisor of Elections or the Electoral Commission ever advised Honourable Dr. Prasad that his declarations were insufficient or requested that superannuation information be included in the declaration form.
As there were no grievances raised in almost a decade, any ordinary person in the Honourable Dr. Prasad’s position might think that the declarations provided were sufficient. Furthermore, the forms required the Honourable Dr. Prasad or any other office holder to declare their assets and did not specifically require information pertaining to superannuation.
Allegations regarding his spouse’s ties to FEMLink Pacific and the Global Girmit Institute (GGI), as well as his professional association with Dr. Ganesh Chand, were similarly reviewed and dismissed, as none involved reportable business transactions. Under section 24 (1A) and (1B) of the Political Parties Act 2013, an office holder must disclose business interests and transactions but does not require the disclosure of personal connections.
In relation to Lotus Construction and Lotus Tours and Travel; the form requires that declarants are to declare any dividends received and directorships. Honourable Dr. Prasad declared his shares in two companies, the value of one company and the loan obtained from the bank. Honourable Dr. Prasad also declared that he did not receive any dividends. So, whilst the Honourable Dr. Prasad declared his shares, no income in the form of dividends were received from the companies.
If an office holder under section 24 of the Political Parties Act 2013 commits a technical breach in their declaration, that person can still be prosecuted because it is a strict liability offence. FICAC appreciates the objective of the declaration requirement which is to promote transparency and accountability. However, it is a provision which generates disputes (whether made in good faith or not) between political parties, opposition and their supporters, which in turn has the potential to weaponise FICAC disproportionately against certain individuals.
In this light, in its prosecutorial discretion, FICAC will examine all electoral cases referred to it closely to identify cases of a trivial nature or is a technical breach versus those who wilfully flout the declaration requirements.
FICAC will not be prosecuting Dr. Prasad.