The Multi-national Observer Group in the 2022 General Election Joint Report has recommended the review of the Supervisor of Elections powers in relation to the variety of offices he or she holds as an ex-officio member.
Further, to the recommendation, MOG says the Supervisor of Elections is also the Registrar of Political Parties and they recommend the review considers removing the SOE as the Registrar of Political Parties and that a separate appointee holds the role and that all financial reports of Political Parties be published to enhance transparency of political party funding and expenditure.
In the report, MOG outlined its concerns on the legal framework and recommended the review of the appropriateness of the Supervisor of Elections powers, particularly in subsection 6 (1) – (1C) of the Electoral Act 2014.
The response from the Electoral Commission and the Fijian Elections Office is this is being included in the review of the electoral legislation announced by Cabinet earlier and is scheduled to commerce soon.
They said that both the Fijian Elections Office and the Electoral Commission looks forward to being actively engaged in the review processes.
MOG also stated that best efforts are undertaken to use the full parliamentary consultation processes when amending legislations – suggesting that there is a constant use of Standing Order 51 when passing amendments to election-related legislation.
The Joint Report said that both FEO and the Electoral Commission looked forward to being consulted whenever any amendments to electoral legislation are being contemplated.
“While both FEO and the Electoral Commission have no mandate in relation to the parliamentary process, we understand that democracies with equivalent provisions to Standing Order 51 use them sparingly, and rarely in relation to electoral amendments, in order to preserve the spirit of Parliamentary democracy.”
“We must therefore support the use of the full parliamentary consultation and legislative amendment processes when amending electoral legislation,” the report said.
The Joint Report was presented both to the Office of the President and the Office of the Speaker of Parliament, last week.
