The Commissioner of the Fiji Independent Commission Against Corruption (FICAC) has authorised the release of the following statement regarding the closure of an investigation into a complaint made against the former Prime Minister, Mr. Josaia Voreqe Bainimarama.
FICAC has concluded its investigation into the validity of Mr. Bainimarama’s position as Party Leader of the FijiFirst Party following his conviction on 9 May 2024, and whether any breaches of the Political Parties Act occurred.
The complaint, referred to FICAC by the Supervisor of Elections, Ms. Ana Mataiciwa, on 30 May 2024, centred on two key issues: whether Mr. Bainimarama breached the Political Parties Act by continuing to act as Party Leader following his conviction, and whether the termination of sixteen (16) FijiFirst Members of Parliament should be voided.
Upon thorough examination, FICAC found no specific provision within the Political Parties Act that prohibits a convicted individual or elected candidate from continuing to hold office within a political party.
The provision relied upon by the Supervisor of Elections, Section 5(3)(b) of the Political Parties Act, states:
"A person is disqualified from holding office in a registered political party if, in the five years preceding the date of their application to become an office holder, they have been convicted of an offence and sentenced to imprisonment for a period not less than six months."
This provision, however, does not apply to the circumstances in this matter. Mr. Bainimarama was already an office holder (Party Leader) at the time of his conviction. He did not apply for a new office following his conviction; therefore, the disqualification clause is not applicable.
The relevant legislation is instead found under the Electoral (Registration of Voters) Act 2012. At the time the complaint was filed, Mr. Bainimarama remained a registered voter. His name was formally removed from the National Register of Voters on 14 June 2024, pursuant to Section 12(1)(c) of the Act, which mandates the removal of individuals serving sentences of twelve (12) months or more.
It was only upon this removal from the Register that Mr. Bainimarama’s eligibility to hold political office was affected.
The second part of the complaint concerned alleged breaches of the FijiFirst Party Constitution, specifically regarding Mr. Bainimarama’s status as Party Leader and his directive issued on 24 May 2024.
As outlined in the complaint, the Acting General Secretary of the FijiFirst Party, Mr. Faiyaz Koya, directed FijiFirst Members of Parliament (MPs) to either vote against the motion or abstain, allegedly acting on instructions from the Party Leader, Mr. Voreqe Bainimarama. However, a majority of the FijiFirst parliamentary caucus held the view that Mr. Koya had misrepresented the source of the directive, asserting that Mr. Bainimarama’s name was used without his consent in an attempt to unduly influence the caucus’s position.
FICAC determined that it does not have jurisdiction over internal party constitutional matters. Such issues fall within the administrative domain of the political party itself and the Fijian Elections Office.
Mr Bainimarama was a registered voter until 14 June 2024, when he was removed from the National Register of Voters. Any assumption of political party office thereafter would constitute a breach of Section 27(1)(b) and (c) of the Political Parties (Registration, Conduct, Funding and Disclosures) Act 2013.
Based on the investigation findings, it is also recommended that the Electoral (Registration of Voters) Act 2012 be amended to ensure that the removal of individuals convicted of a criminal offence and sentenced to imprisonment takes effect from the date the judgment is delivered.
The matter is now considered closed.
FICAC reaffirms its commitment to conducting its operations independently and impartially, upholding the rule of law without fear or favour.