The Acting Registrar of Political Parties and Acting Supervisor of Elections Ana Mataiciwa says that she is well within her statutory rights to act on complaints as stipulated under Section 18 of the Electoral Act 2014.
Mataiciwa was responding to queries on the investigations that the Fiji Independent Commission Against Corruption (FICAC) is conducting on Deputy Prime Minister and Minister for Finance Professor Biman Prasad, as per the a complaint raised by the Elections Office.
Mataiciwa says that Section 18 of the Act demands that if the Electoral Commission or the Supervisor of Elections becomes aware at any time of the probable election-related criminal offence including any criminal offence prescribed in the Act, it must immediately report the matter in writing to FICAC, and all election officials must fully cooperate in the investigation of any election-related offence.
In a statement, the Acting Supervisor of Election said her office received the complaint, the complaints process was followed, and after assessment, powers under Section 18 of the Act were invoked, requesting FICAC to investigate a probable breach.
Mataiciwa said this must not be misconstrued as findings that Professor Biman Prasad is guilty of any offence.
She further stated that the referral of the complaint to the Fiji Independent Commission Against Corruption was not only within her statutory rights as the Acting Supervisor of Elections to act on the complaint but equally under her statutory duty to refer the matter.
“I am not only within my statutory rights to act on the complaint, but equally under a statutory duty to refer the matter which I have done,” Mataiciwa said.
The Fijian Elections Office highlighted that per her legal obligations outlined in the Electoral Act 2014 by referring the matter to FICAC for investigation.
Mataiciwa said this underscores her role and is dedicated to upholding independence, electoral integrity and transparency.
She said in respect of FICAC’s statutory role to investigate probable breaches of the three existing electoral laws, all inquiries regarding this complaint should be directed to FICAC.
