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Free. Fair. Fearless. Intelligentsiya is made up of Fiji Islanders who are libertarians in their own way and who cherish the free flow of news, ideas and information and will peacefully resist any attempts by the country's military rulers to stifle free speech. intelligentsiya will also bear witness, report and discuss human rights abuses by the authorities.
January 30, 2014
Former Fiji military leader says field limited to replace Commodore Bainimarama
Updated 29 January 2014, 9:53 AEST
Commodore Frank Bainimarama is expected to resign as Fiji's Land Forces Commander on March 1.
According to a former senior Lieutenant Colonel Jone Baledrokadroka, there isn't a huge pool of talent to choose from to replace the military leader.
Jone Baledrokadroka left Fiji and went to Australia because he disagreed with the Commodore involving the military in politics.
Presenter: Geraldine Coutts
Speaker: Fiji former senior Lieutenant Colonel Jone Baledrokadroka
Listen here.
Commodore Frank Bainimarama is expected to resign as Fiji's Land Forces Commander on March 1.
According to a former senior Lieutenant Colonel Jone Baledrokadroka, there isn't a huge pool of talent to choose from to replace the military leader.
Jone Baledrokadroka left Fiji and went to Australia because he disagreed with the Commodore involving the military in politics.
Presenter: Geraldine Coutts
Speaker: Fiji former senior Lieutenant Colonel Jone Baledrokadroka
Listen here.
Rabuka puts his hand up for SODELPA leader
January 30, 2014 | Filed under: Fiji News | Posted by: newsroom
By ROSI DOVIVERATA
Fiji’s first coup leader and then elected prime minister, Sitiveni Rabuka, says he is prepared to lead the Social Democratic Liberal Party (SODELPA) in the general election this year, if given the opportunity.
He has confirmed that he has sent his application for both party leader and as a candidate.
“I still have a lot to contribute to Fiji,” said the 64-year-old politician.
His application comes at an opportune time as the party is struggling to find a suitable leader.
Mr Rabuka said he had the support of the people of Cakaudrove along with the blessing of the Tui Cakau, Ratu Naiqama Lalabalavu.
He remains adamant that the May 14, 1987 coup was something he had to do and has no regrets about it.
Now that he has made his stand known, he says he has a very clear conscience going into the elections.
Following are excerpts from an interview:
WHY SODELPA?
“I want to go with SODELPA because most of the people who were with me in the Soqosoqo Vakavulewa ni Taukei (SVT), they supported Qarase’s policies in keeping with SVT’s policies for Fiji, although we differed in some of the areas like Fijian Holding – they were basically the same for the development of Fiji.”
SUPPORT?
“I still have some support in Cakaudrove and I had indicated to the Turaga Bale Tui Cakau that I’ll be willing to stand for elections again, just to make sure that we still have a voice in the administration of our nation,” Mr Rabuka said.
“He welcomed it and I don’t know whether he will want to run but which-ever way it goes, we have enough support in Cakaudrove to carry the both of us and even more – if he wanted to stand.”
TO LEAD SODELPA?
Mr Rabuka said if given the opportunity to lead SODELPA he would make sure the party came first.
“I don’t want to break up the party for my candidature for the leadership – because the party is more important than any single member.
“I’d rather have the party consolidated and contribute, rather than leading and having the party disintegrate.”
SOMETHING TO PROVE?
“I just want to prove that I still have a lot to contribute to the leadership of the nation as part of a team or as a leader- whichever way it turns out, I will be prepared to run.
“I still have a lot to contribute. I owe a lot to this country and I want to continue to contribute,” he said.
STANDING TO CLEAR HIS NAME?
“Not necessarily, too many people were hurt but the subsequent coups have put everybody in a coup spot. Those who did not favour my coup or Speight’s coup jumped on the bandwagon with Frank so we are now all even.”
NO 1987 REGRET?
“No, I had to do what I had to do in 1987,” he said.
Speaking figuratively with a smile, Mr Rabuka said: “You know, I’ve just come back from the garden. In order to get it cleared, you kill the grass.”
He retorted when pushed for answers regarding the 1987 coup:
“I’d rather not go back on that ground. What has been done, has been done, no matter who was in the background, who said what and for what.
“I was the one who pulled the trigger so to speak, and I had to answer for it and face the world with it – that’s the way I want history to remember.
“I have a very clear conscience going into this,” he said.
BAINIMARAMA GOVERNMENT?
“I like some of the things that are happening, like what we have doing in terms of development. I’m just worried about how we are going to pay for it. And we have paid for everything that we have received, we the people of Fiji have paid for it and will continue to pay.”
Mr Rabuka said that was the way governments operated.
“It is when you show the people the debt burden that they will be carrying and the future generations will be carrying that they will look for alternatives to lighten the burden and we’d like to make the people responsible for what they get and what they do. So it’s a symbiotic relationship between the leaders and the land.”
HAS THE COUNTRY IMPROVED?
“I don’t think so, I think the country has gone back, there is a general feeling of gloom – perhaps only because they have not had a say on where their tax money has gone,” he said.
“The big United States of America was started because people said, no taxation without representation. When they did not have any voice in the allocation and the utilisation of the taxes they paid – they said that was not right.”
YOUNG VOTERS?
With a big chunk of voters under the youth category, Mr Rabuka said parties who wanted to draw their votes must focus on opportunities.
“A lot of first time voters will focus on opportunities. Which group will provide the opportunities for them,” he said
“Give them something they will be proud of – their character. We don’t want any future generations of parasites.
“We want people to work for what they get and not just wait for handouts. I believe that whoever will come into leadership must provide for hand-up and not hand-outs.”
He said the free education implemented by the Bainimarama government is a hand-out.
“It takes away the responsibility of rearing a child from the parents and they have very little to claim, apart from the biological factor,” Mr Rabuka said.
FOCUS AREAS
He said if selected he would focus his campaign efforts in the North and Suva.
“Suva is always a good think tank because of the people here, so it’s a good combination.
“People in Cakaudrove may have needs that may be different from the people in Suva but it gives you an indication of the rural people, sea transportation, copra industry and local cottage industries.”
LIFE LESSONS
After more than 10 years away from politics Mr Rabuka said he had learnt some great lessons along the way.
“That you will die some day and that you can only contribute so much. When the time for you to go comes, you go. But until then, you contribute as much as you can.”
SITIVENI LIGAMAMADA RABUKA
BORN: September 13,
1948
EDUCATION: Provincial School Northern, Queen Victoria School, NZ Army schools, Indian Defence Services Staff College, Australian Joint Services Staff College.
MILITARY CAREER: Rabuka was trained initially in New Zealand army schools, from which he graduated in 1973, and later did postgraduate work at the Indian Defence Services Staff College in 1979, and at the Australian Joint Services Staff College in 1982. He was a senior operation plans manager for UNIFIL peacekeeping troops in Lebanon in 1980 and 1981. On his return home, he was appointed Army Chief of Staff. From 1982 to 1987, he was an operations and training officer for the Fijian army, except for a two-year absence (1983–1985) when he commanded the Fijian Battalion as part of the Multinational Force and Observers peacekeeping force in the Sinai.
POLITICAL CAREER: Rabuka emerged from obscurity on May 14, 1987, when he staged the first of two military coups following the 1987 election. Rabuka carried out a second coup on September 28 that year. At first he pledged his allegiance to the Queen, but later proclaimed a republic, abolishing the 113-year link to the British monarchy. He handed over power on December 5 to an interim administration, headed by Ratu Sir Penaia Ganilau as President and Ratu Sir Kamisese Mara as Prime Minister.
By ROSI DOVIVERATA
Fiji’s first coup leader and then elected prime minister, Sitiveni Rabuka, says he is prepared to lead the Social Democratic Liberal Party (SODELPA) in the general election this year, if given the opportunity.
He has confirmed that he has sent his application for both party leader and as a candidate.
“I still have a lot to contribute to Fiji,” said the 64-year-old politician.
His application comes at an opportune time as the party is struggling to find a suitable leader.
Mr Rabuka said he had the support of the people of Cakaudrove along with the blessing of the Tui Cakau, Ratu Naiqama Lalabalavu.
He remains adamant that the May 14, 1987 coup was something he had to do and has no regrets about it.
Now that he has made his stand known, he says he has a very clear conscience going into the elections.
Following are excerpts from an interview:
WHY SODELPA?
“I want to go with SODELPA because most of the people who were with me in the Soqosoqo Vakavulewa ni Taukei (SVT), they supported Qarase’s policies in keeping with SVT’s policies for Fiji, although we differed in some of the areas like Fijian Holding – they were basically the same for the development of Fiji.”
SUPPORT?
“I still have some support in Cakaudrove and I had indicated to the Turaga Bale Tui Cakau that I’ll be willing to stand for elections again, just to make sure that we still have a voice in the administration of our nation,” Mr Rabuka said.
“He welcomed it and I don’t know whether he will want to run but which-ever way it goes, we have enough support in Cakaudrove to carry the both of us and even more – if he wanted to stand.”
TO LEAD SODELPA?
Mr Rabuka said if given the opportunity to lead SODELPA he would make sure the party came first.
“I don’t want to break up the party for my candidature for the leadership – because the party is more important than any single member.
“I’d rather have the party consolidated and contribute, rather than leading and having the party disintegrate.”
SOMETHING TO PROVE?
“I just want to prove that I still have a lot to contribute to the leadership of the nation as part of a team or as a leader- whichever way it turns out, I will be prepared to run.
“I still have a lot to contribute. I owe a lot to this country and I want to continue to contribute,” he said.
STANDING TO CLEAR HIS NAME?
“Not necessarily, too many people were hurt but the subsequent coups have put everybody in a coup spot. Those who did not favour my coup or Speight’s coup jumped on the bandwagon with Frank so we are now all even.”
NO 1987 REGRET?
“No, I had to do what I had to do in 1987,” he said.
Speaking figuratively with a smile, Mr Rabuka said: “You know, I’ve just come back from the garden. In order to get it cleared, you kill the grass.”
He retorted when pushed for answers regarding the 1987 coup:
“I’d rather not go back on that ground. What has been done, has been done, no matter who was in the background, who said what and for what.
“I was the one who pulled the trigger so to speak, and I had to answer for it and face the world with it – that’s the way I want history to remember.
“I have a very clear conscience going into this,” he said.
BAINIMARAMA GOVERNMENT?
“I like some of the things that are happening, like what we have doing in terms of development. I’m just worried about how we are going to pay for it. And we have paid for everything that we have received, we the people of Fiji have paid for it and will continue to pay.”
Mr Rabuka said that was the way governments operated.
“It is when you show the people the debt burden that they will be carrying and the future generations will be carrying that they will look for alternatives to lighten the burden and we’d like to make the people responsible for what they get and what they do. So it’s a symbiotic relationship between the leaders and the land.”
HAS THE COUNTRY IMPROVED?
“I don’t think so, I think the country has gone back, there is a general feeling of gloom – perhaps only because they have not had a say on where their tax money has gone,” he said.
“The big United States of America was started because people said, no taxation without representation. When they did not have any voice in the allocation and the utilisation of the taxes they paid – they said that was not right.”
YOUNG VOTERS?
With a big chunk of voters under the youth category, Mr Rabuka said parties who wanted to draw their votes must focus on opportunities.
“A lot of first time voters will focus on opportunities. Which group will provide the opportunities for them,” he said
“Give them something they will be proud of – their character. We don’t want any future generations of parasites.
“We want people to work for what they get and not just wait for handouts. I believe that whoever will come into leadership must provide for hand-up and not hand-outs.”
He said the free education implemented by the Bainimarama government is a hand-out.
“It takes away the responsibility of rearing a child from the parents and they have very little to claim, apart from the biological factor,” Mr Rabuka said.
FOCUS AREAS
He said if selected he would focus his campaign efforts in the North and Suva.
“Suva is always a good think tank because of the people here, so it’s a good combination.
“People in Cakaudrove may have needs that may be different from the people in Suva but it gives you an indication of the rural people, sea transportation, copra industry and local cottage industries.”
LIFE LESSONS
After more than 10 years away from politics Mr Rabuka said he had learnt some great lessons along the way.
“That you will die some day and that you can only contribute so much. When the time for you to go comes, you go. But until then, you contribute as much as you can.”
SITIVENI LIGAMAMADA RABUKA
BORN: September 13,
1948
EDUCATION: Provincial School Northern, Queen Victoria School, NZ Army schools, Indian Defence Services Staff College, Australian Joint Services Staff College.
MILITARY CAREER: Rabuka was trained initially in New Zealand army schools, from which he graduated in 1973, and later did postgraduate work at the Indian Defence Services Staff College in 1979, and at the Australian Joint Services Staff College in 1982. He was a senior operation plans manager for UNIFIL peacekeeping troops in Lebanon in 1980 and 1981. On his return home, he was appointed Army Chief of Staff. From 1982 to 1987, he was an operations and training officer for the Fijian army, except for a two-year absence (1983–1985) when he commanded the Fijian Battalion as part of the Multinational Force and Observers peacekeeping force in the Sinai.
POLITICAL CAREER: Rabuka emerged from obscurity on May 14, 1987, when he staged the first of two military coups following the 1987 election. Rabuka carried out a second coup on September 28 that year. At first he pledged his allegiance to the Queen, but later proclaimed a republic, abolishing the 113-year link to the British monarchy. He handed over power on December 5 to an interim administration, headed by Ratu Sir Penaia Ganilau as President and Ratu Sir Kamisese Mara as Prime Minister.
January 24, 2014
Military promise
We will stand by new Commander:Lt-Col Suliano
By JYOTI PRATIBHA
January 24, 2014
The military will stand by whoever is chosen to replace Commodore Voreqe Bainimarama as he passes on the reins of leadership at the Republic of Fiji Military Forces.
The announcement of a new commander is expected at the end of next month (February).
These were the comments of the Land Force Command’s chief operations officer, Lieutenant- Colonel Amani Suliano, as he addressed members of the territorial forces at Veisaru Sanatan Dharam School in Ba yesterday.
“We are ready to stand by whoever the Commander appoints as he retires from military on February 28. This has also been discussed with the territorial forces and our allegiance will be with the new Commander,” he said.
Many old politicians, he said, would try to take advantage of Commodore Bainimarama’s retirement from the military.
“Be wary of old politicians. The Commander will be retiring on the 28th. Old politicians will see this as an opportunity to stir things up.
“Do not be swayed. Know the Constitution and only then you will be able to fully understand which way Fiji is headed,” he said.
Lieutenant- Colonel Suliano said that they were aware that disgruntled former military officers overseas were behind a number of rumours spread about the institution.
“Those who are behind many rumours regarding the military force and Fiji are former and disgruntled military officers who are sitting overseas and are trying to meddle in the affairs of Fiji. Many are also behind anti-Government blogs.
“These people do not have Fiji at heart. They have been sitting away in comfort in overseas countries and are hoping to create disunity. We will not allow this to happen.
“The Constitution charts a very clear path forward for Fiji. Know it well. Many people will be coming up to you to seek clarification about several sections in the Constitution. Only when you know what is written in it will you be able to inform others correctly,” he said
By JYOTI PRATIBHA
January 24, 2014
These were the comments of the Land Force Command’s chief operations officer, Lieutenant- Colonel Amani Suliano, as he addressed members of the territorial forces at Veisaru Sanatan Dharam School in Ba yesterday.
“We are ready to stand by whoever the Commander appoints as he retires from military on February 28. This has also been discussed with the territorial forces and our allegiance will be with the new Commander,” he said.
Many old politicians, he said, would try to take advantage of Commodore Bainimarama’s retirement from the military.
“Be wary of old politicians. The Commander will be retiring on the 28th. Old politicians will see this as an opportunity to stir things up.
“Do not be swayed. Know the Constitution and only then you will be able to fully understand which way Fiji is headed,” he said.
Lieutenant- Colonel Suliano said that they were aware that disgruntled former military officers overseas were behind a number of rumours spread about the institution.
“Those who are behind many rumours regarding the military force and Fiji are former and disgruntled military officers who are sitting overseas and are trying to meddle in the affairs of Fiji. Many are also behind anti-Government blogs.
“These people do not have Fiji at heart. They have been sitting away in comfort in overseas countries and are hoping to create disunity. We will not allow this to happen.
“The Constitution charts a very clear path forward for Fiji. Know it well. Many people will be coming up to you to seek clarification about several sections in the Constitution. Only when you know what is written in it will you be able to inform others correctly,” he said
PM promises new dorms
January 24, 2014
Posted by: newsroom
Students of Balevuto Primary School, in Ba, will soon boast of new dormitory facilities after their request for these facilities was approved by the Prime Minister Commodore Voreqe Bainimarama yesterday.
Commodore Voreqe Bainimarama made the announcement during his brief meeting with residents of the rural Ba district.
“The RFMF engineers will soon be deployed to Balevuto Primary to construct two dormitories for the students there,” he said.
The school caters for more than 100 students from the larger Moto areas.
The Prime Minister heard that primary school students were currently staying with teachers while attending school there.
“Education is a very important cornerstone of development; not only for my government but also the nation.”
Education has already been made free from this year after the Government announced in November last year its commitment to pay for all fees of students in primary and secondary schools.
Prime Minister Bainimarama was also in Ba to meet Territorial Force soldiers and made time to meet Ba residents and discuss issues they faced.
- MINFO NEWs
Posted by: newsroom
Students of Balevuto Primary School, in Ba, will soon boast of new dormitory facilities after their request for these facilities was approved by the Prime Minister Commodore Voreqe Bainimarama yesterday.
Commodore Voreqe Bainimarama made the announcement during his brief meeting with residents of the rural Ba district.
“The RFMF engineers will soon be deployed to Balevuto Primary to construct two dormitories for the students there,” he said.
The school caters for more than 100 students from the larger Moto areas.
The Prime Minister heard that primary school students were currently staying with teachers while attending school there.
“Education is a very important cornerstone of development; not only for my government but also the nation.”
Education has already been made free from this year after the Government announced in November last year its commitment to pay for all fees of students in primary and secondary schools.
Prime Minister Bainimarama was also in Ba to meet Territorial Force soldiers and made time to meet Ba residents and discuss issues they faced.
- MINFO NEWs
RFMF boosts kindergarten
January 24, 2014
By JYOTI PRATIBHA
The small community of Voivoi, in Nadi, had taken it upon themselves to build a kindergarten for children in the area.
However, the community’s funds could only foot the foundation of the building.
The community needed $30,000 more to complete the project.
Prime Minister Commodore Voreqe Bainimarama stopped by to see how the kindy could be completed.
He assured the school management that the project would now be completed by RFMF officers in Nadi.
Voivoi Community Kindergarten manager, Abhi Ram, could not believe their problem been sorted out in minutes by Commodore Bainimarama.
“He does not just talk, he delivers. He did not come here to make empty promises. He saw what we needed and solved our problems."
Commodore Bainimarama also came across another resident, Dharam Datt.
Mr Datt had inherited nine acres of land from his father. However, after the renewal of the lease, he was allocated just six acres. He said that three acres were given to another person who resides in Australia.
“My officers are going to talk to the TLTB officers in Nadi. We will try to see that all nine acres are given back to this man so he can farm on it,” Commodore Bainimarama said.
By JYOTI PRATIBHA
The community needed $30,000 more to complete the project.
Prime Minister Commodore Voreqe Bainimarama stopped by to see how the kindy could be completed.
He assured the school management that the project would now be completed by RFMF officers in Nadi.
Voivoi Community Kindergarten manager, Abhi Ram, could not believe their problem been sorted out in minutes by Commodore Bainimarama.
“He does not just talk, he delivers. He did not come here to make empty promises. He saw what we needed and solved our problems."
Commodore Bainimarama also came across another resident, Dharam Datt.
Mr Datt had inherited nine acres of land from his father. However, after the renewal of the lease, he was allocated just six acres. He said that three acres were given to another person who resides in Australia.
“My officers are going to talk to the TLTB officers in Nadi. We will try to see that all nine acres are given back to this man so he can farm on it,” Commodore Bainimarama said.
PM probes Camp delay
January 24, 2014 | Filed under: Fiji News | Posted by: newsroom
By JYOTI PRATIBHA
Senior officers, in-charge of developing the Black Rock Army Camp in Nadi, have been told to meet the Prime Minister at 10am next Monday.
They are to explain to him why there had been delays in the project.
Commodore Bainimarama told the officers to find out the reasons behind the delays and to come up with a solution.
He said some tough decisions would need to be made.
“Black Rock was initially planned to accommodate peacekeeping training but Airports Fiji Limited has asked us to vacate the camp in their area.
“Now in addition to all that, we will also start with the regional police academy. Money has been approved which will be given out for this also to be done,” he said.
By JYOTI PRATIBHA
Senior officers, in-charge of developing the Black Rock Army Camp in Nadi, have been told to meet the Prime Minister at 10am next Monday.
They are to explain to him why there had been delays in the project.
Commodore Bainimarama told the officers to find out the reasons behind the delays and to come up with a solution.
He said some tough decisions would need to be made.
“Black Rock was initially planned to accommodate peacekeeping training but Airports Fiji Limited has asked us to vacate the camp in their area.
“Now in addition to all that, we will also start with the regional police academy. Money has been approved which will be given out for this also to be done,” he said.
PM in action
January 24, 2014 | Filed under: Fiji News | Posted by: newsroom
By JYOTI PRATIBHA
Prime Minister and Commander of the Republic of Fiji Military Forces Commodore Voreqe Bainimarama yesterday went on an action-packed visit to Ba and Nadi.
It started in Veisaru in Ba and ended in Voivoi, Nadi.
* 10.30am – He arrived from Suva and met 276 Territorial Forces soldiers plus members of the public at Veisaru Sanatan Dharam School in Ba. Community concerns were addressed.
* 3.30pm – He arrived at Black Rock Army Camp at Votualevu in Nadi.
* 4pm – Attended a “talanoa session” with the Voivoi community in Nadi.
* 5pm – Left for Suva
The PM bid farewell to some of the military in the West before he steps down as RFMF Commander on February 28.
After addressing the troops, who had been doing some repairs at the Veisaru school for the past two weeks, Commodore Bainimarama met with the school management to discuss how the new school year was progressing.
He also met with villagers who came to him to air their grievances on various issues – from roads, to water, to land leases.
He then left for Black Rock Army Camp at Votualevu in Nadi. He expressed his concerns at the slow pace of work developing a training camp, before leaving for Voivoi.
He sorted out the grievances of the Voivoi Community, before he sat down for a talanoa session for about an hour before returning to Suva.
Speaking to Territorial Forces troops, he stressed that while changes would happen with personnel the values of the military must remain the same.
“Our responsibility is to protect all races in this country,” he said.
He called on all troops to look after their families and children well, particularly in education.
He said in Vatuwaqa Housing in Suva he saw several children sitting around instead of being at school. He was told their parents had not paid last year’s school fees.
Those were the parents’ responsibilities. He hoped the forces’ members were not in the same situation.
By JYOTI PRATIBHA
Prime Minister and Commander of the Republic of Fiji Military Forces Commodore Voreqe Bainimarama yesterday went on an action-packed visit to Ba and Nadi.It started in Veisaru in Ba and ended in Voivoi, Nadi.
* 10.30am – He arrived from Suva and met 276 Territorial Forces soldiers plus members of the public at Veisaru Sanatan Dharam School in Ba. Community concerns were addressed.
* 3.30pm – He arrived at Black Rock Army Camp at Votualevu in Nadi.
* 4pm – Attended a “talanoa session” with the Voivoi community in Nadi.
* 5pm – Left for Suva
The PM bid farewell to some of the military in the West before he steps down as RFMF Commander on February 28.
After addressing the troops, who had been doing some repairs at the Veisaru school for the past two weeks, Commodore Bainimarama met with the school management to discuss how the new school year was progressing.
He also met with villagers who came to him to air their grievances on various issues – from roads, to water, to land leases.
He then left for Black Rock Army Camp at Votualevu in Nadi. He expressed his concerns at the slow pace of work developing a training camp, before leaving for Voivoi.
He sorted out the grievances of the Voivoi Community, before he sat down for a talanoa session for about an hour before returning to Suva.
Speaking to Territorial Forces troops, he stressed that while changes would happen with personnel the values of the military must remain the same.
“Our responsibility is to protect all races in this country,” he said.
He called on all troops to look after their families and children well, particularly in education.
He said in Vatuwaqa Housing in Suva he saw several children sitting around instead of being at school. He was told their parents had not paid last year’s school fees.
Those were the parents’ responsibilities. He hoped the forces’ members were not in the same situation.
Former Hong Kong lawyer appointed third assistant DPP
Publish date/time: 24/01/2014 [11:03]
A former Hong Kong lawyer Michael Delaney has been appointed as the third Assistant Director of Public Prosecution who will be based in Suva.
Director of Public Prosecution Christopher Pryde who announced the appointment said they continually look to recruit high caliber lawyers both from within Fiji and abroad and will be appointing a fourth Assistant Director of Public Prosecution early next month.
The Office of Director of Prosecution said since being called to the bar in 1992, Delaney has worked on wide ranging criminal trials from murder, rape, armed robbery and white collar fraud related offences acting as both defense counsel and fiat prosecutor in the Court of Appeal, High Court and District Court of Hong Kong.
Story by: Praneeta Prakash
A former Hong Kong lawyer Michael Delaney has been appointed as the third Assistant Director of Public Prosecution who will be based in Suva.Director of Public Prosecution Christopher Pryde who announced the appointment said they continually look to recruit high caliber lawyers both from within Fiji and abroad and will be appointing a fourth Assistant Director of Public Prosecution early next month.
The Office of Director of Prosecution said since being called to the bar in 1992, Delaney has worked on wide ranging criminal trials from murder, rape, armed robbery and white collar fraud related offences acting as both defense counsel and fiat prosecutor in the Court of Appeal, High Court and District Court of Hong Kong.
Story by: Praneeta Prakash
More delays for Regional Police Academy
13:30 Thu Jan 23, 2014
Report by: Shanal Sivan
The Melanesian Spearhead Group Regional Police Academy in Nabukavesi – Navua won’t get off the ground anytime soon.
The project which was due for construction in 2011 has been plagued by funding issues.
Defence Minister Joketani Cokanasiga says the entire government machinery is now focussed on national elections.
“We think that, because of the resources that’s required to establish it, we have a lot more priorities, you know to develop Wainadoi, you won’t get very much change out of the $20m, to clean the place out, do your drainage works and start to design what kind of buildings you have.”
The academy is expected to cost about twenty million dollars.
Cokanasiga says there is no date when construction will begin.
“We need that money now, for elections, and for development, we already have a facility that we can use so i think after elections we will look at that again.”
The facility will train police officers from Fiji, Papua New Guinea, Vanuatu and the Solomon Islands.
Report by: Shanal Sivan
The Melanesian Spearhead Group Regional Police Academy in Nabukavesi – Navua won’t get off the ground anytime soon.Defence Minister Joketani Cokanasiga says the entire government machinery is now focussed on national elections.
“We think that, because of the resources that’s required to establish it, we have a lot more priorities, you know to develop Wainadoi, you won’t get very much change out of the $20m, to clean the place out, do your drainage works and start to design what kind of buildings you have.”
The academy is expected to cost about twenty million dollars.
Cokanasiga says there is no date when construction will begin.
“We need that money now, for elections, and for development, we already have a facility that we can use so i think after elections we will look at that again.”
The facility will train police officers from Fiji, Papua New Guinea, Vanuatu and the Solomon Islands.
FRCA surpasses revenue collection target
17:11 Thu Jan 23, 2014
Report by: Edwin Nand
The Fiji Revenue and Customs Authority has had another bumper year in tax collection.
The 2013 revenue collection hit an all time high of one point eight six billion dollars against a target of one point eight five billion dollars.
FRCA Chief Executive Jitoko Tikolevu says the collection was higher than the original forecast by seven point seven million dollars.
He adds the 2013 achievement is one hundred and eighteen million dollars more than what was collected in 2012.
The improved performance signals a positive revenue outlook for this year.
Report by: Edwin Nand
The Fiji Revenue and Customs Authority has had another bumper year in tax collection.The 2013 revenue collection hit an all time high of one point eight six billion dollars against a target of one point eight five billion dollars.
FRCA Chief Executive Jitoko Tikolevu says the collection was higher than the original forecast by seven point seven million dollars.
He adds the 2013 achievement is one hundred and eighteen million dollars more than what was collected in 2012.
The improved performance signals a positive revenue outlook for this year.
January 23, 2014
Naivalurua takes up posting of Ambassador at Large for Fiji
Publish date/time: 23/01/2014 [08:01]
Former Police Commissioner, Brigadier General Ioane Naivalurua has taken up the posting of Ambassador at Large for Fiji.
Foreign Affairs Minister, Ratu Inoke Kubuabola has confirmed to Fijivillage that Brigadier General Naivalurua started work last Tuesday.
He said the new Ambassador at Large will be commissioned by President, Ratu Epeli Nailatikau tomorrow.
An Ambassador at Large is a diplomat of the highest rank who is accredited to represent his or her country internationally.
Unlike an Ambassador in Residence who is usually limited to a country or embassy, the Ambassador at Large is entrusted to operate in several neighboring countries or a region.
Story by: Vijay Narayan
Former Police Commissioner, Brigadier General Ioane Naivalurua has taken up the posting of Ambassador at Large for Fiji.Foreign Affairs Minister, Ratu Inoke Kubuabola has confirmed to Fijivillage that Brigadier General Naivalurua started work last Tuesday.
He said the new Ambassador at Large will be commissioned by President, Ratu Epeli Nailatikau tomorrow.
An Ambassador at Large is a diplomat of the highest rank who is accredited to represent his or her country internationally.
Unlike an Ambassador in Residence who is usually limited to a country or embassy, the Ambassador at Large is entrusted to operate in several neighboring countries or a region.
Story by: Vijay Narayan
January 10, 2014
Leaked Copy of Electoral Decree Bill 2014
JFW Draft 3 December 2013
GOVERNMENT OF FIJI
ELECTORAL DECREE BILL 2014
Arrangement of clauses
PART [Pre] – PRELIMINARY
Pre1. Short title
and commencement
Pre2. Interpretation
PART [EC] – SUPERVISOR OF ELECTIONS
SE1. Functions and powers of the
Supervisor of Elections
SE2. Appointment of
electoral officers
PART [AS] - ALLOCATION OF
SEATS
AS1. Electoral
districts
AS2. Allocation
of seats
AS3. Review
of allocation
PART [CE] - CONDUCT OF ELECTIONS
Election notice
CE1. Election notice
CE2. Action on a vacancy
CE2. Action on a vacancy
CE3. Effect of dissolution of Parliament
Nominations
CE4. Nomination day
CE5. Nomination of
independent candidates
CE6. Nomination of
party candidates
CE7. Deposits and statements of support
CE8. Nominations to
be displayed
CE9. Withdrawal of candidate
CE9. Withdrawal of candidate
CE10. Objections to
nominations
CE11. Proceedings after objections
CE12. Disqualification
of candidate after nomination
Preparations for poll
CE13. Notice of poll
CE14. Voting by
ballot
CE15. Names on ballot
papers
CE16. Symbols on
ballot papers
CE17. Return or
forfeiture of deposits
CE18. Presiding
officers and clerks
CE19. Facilities at polling stations
CE19. Facilities at polling stations
CE20. Polling agents
The poll
CE21. Times for
polling
CE22. Ballot boxes to
be shown empty before poll starts
CE23. When and where
voters entitled to vote
CE24. Questions to be
put to voter
CE25. Voting
procedure
CE26. Tendered ballot
papers
CE27. Spoiled ballot papers
CE28. Illiterate or incapacitated voters
CE27. Spoiled ballot papers
CE28. Illiterate or incapacitated voters
CE29. Persons not to
remain in polling stations
CE30. Participation
by candidates and polling agents
CE31. Presiding
officers to maintain order
CE32. Communication with voters in polling station prohibited
CE33. Prevention of irregularities as to ballot papers
CE32. Communication with voters in polling station prohibited
CE33. Prevention of irregularities as to ballot papers
The count
CE34. Sealing of
ballot boxes and papers after the poll
CE35. Ballot paper
account
CE36. Count officers and counting agents
CE37. Arrangements for the count
CE36. Count officers and counting agents
CE37. Arrangements for the count
CE38. Who may be
present at the count
CE39. Opening of ballot boxes
CE39. Opening of ballot boxes
CE40. Counting the
votes
CE41. Invalid ballot
papers
CE42. Objections to ballot papers
CE43. Recounts
CE42. Objections to ballot papers
CE43. Recounts
CE44. Awarding of seats
CE45. Documents to be sent to Supervisor of Elections
CE46. Awarding of
compensatory seats
CE47. Announcement of result
CE48. Special procedure for counting votes
PART
[EO] – ELECTORAL OFFENCES
EO1. Scope of the
Part
EO2. Offences in
connection with forms, etc.
EO3. Offences in
relation to electoral information
EO4. Offences in
relation to ballot papers
EO5. Bribery
EO6. Undue influence
EO7. Personation
EO8. Heading to electoral advertisements in newspapers
EO9. Printing and publishing of electoral advertisements, notices, etc.
EO10. Badges or emblems in polling stations
EO10. Badges or emblems in polling stations
EO11. Campaigning prohibited during poll
EO12. Power to remove statements, etc.
EO13. Disobeying lawful directions, etc.
EO14. Breaches of official duty
EO12. Power to remove statements, etc.
EO13. Disobeying lawful directions, etc.
EO14. Breaches of official duty
PART
[ED] – ELECTION DISPUTES
ED1. Role of High
Court
ED2. Form of election petition or application
ED3. Security for costs
ED3. Security for costs
ED4. Intervention by Attorney General or Supervisor of Elections
ED5. Requirements to be complied with
ED6. Powers of the court
ED7. Evidence that person not permitted to vote
ED8. Irregularities not to invalidate election
ED8. Irregularities not to invalidate election
ED9. Voiding election for illegal practices, etc.
ED10. Disposal of petition or application
ED11. Copies of petition or application and order of court to be sent
ED12. Costs
ED13. Withdrawal of petition or application
ED13. Withdrawal of petition or application
ED14. Rules of court
PART
[Misc] – MISCELLANEOUS
Misc1. Power to
destroy records
Misc2. Extension of time for election
Misc2. Extension of time for election
Misc3. Regulations
____________________________
Draft/
ELECTORAL DECREE BILL 2014
PART
[Pre] – PRELIMINARY
Short title and
commencement
Pre1. (1) This
Decree may be cited as the Electoral Decree 2014.
(2) This Decree commences on [xxx].
(2) This Decree commences on [xxx].
Insert
date
Interpretation
Pre2. (1) In
this Decree, unless the contrary intention appears –
“appropriate media” in relation to publication of a notice means that
the notice is to be published in daily newspapers circulating in Fiji, on radio
and TV, on one or more websites, and at public offices in each electoral
district, as well as in the Gazette;
“approved
form” means a form approved for the purposes of this Decree by the Supervisor
of Elections;
“bribery”
means a contravention of section [E)5];
“candidate” means an independent candidate or a party candidate;
“clerk” means
a person appointed under section [xx] or
[yy] as the case may be;
“compensatory
seat” means [xxxxx];
“Constitution”
means the Fiji Constitution 2013 [contained in Decree No...... of 2013];
“corrupt
practice” means bribery or undue influence;
“count leader” means a person appointed a count leader of a counting
team under section [CE36];
“counting centre” means a place appointed for the counting of votes in
an election under section [xx];
“counting day” means a day appointed for the counting of votes in an
election under section [xx];
“court” means the High Court hearing an election petition or application
under Part [ED] of this Decree;
“election”
means an election of a member of Parliament;
“election notice” means a notice of an election, published by the
Supervisor of Elections under section [CE1]
“Supervisor
of Elections” means the Supervisor of Elections appointed under [.....];
“electoral district” means an area of Fiji delineated for the purpose of
the election of members of Parliament as shown in the Schedule to the
Constitution;
“electoral
matter” means a matter that is intended or likely to affect voting in an
election;
“electoral
officer” means a person appointed by the
Supervisor of Elections [or by a registration officer] under section
[xx];
Including
clerks appointed by a returning officer Supervisor?
“general
election” means an election for all the seats in Parliament;
No
provision for by-elections is required, as all vacancies are filled from the
candidate list in the election. But what if there are no candidates left in a
district?
“illegal
practice” means a contravention of this Decree or the Regulations;
“illiterate
or incapacitated voters list” means the list compiled under section [CE28];
“independent
candidate” means an individual who [is nominated to stand][stands] in an
election in accordance with this Decree and is not a party candidate;
“invalid ballot paper” means a ballot paper that is invalid in terms of
section [CE241];
“issuing
point” in relation to a polling station, means a place in the polling station
at which ballot papers are issued to persons voting at the station;
“list of post-register
deletions” means a list containing those names that have been removed from the Register
during the period between the date fixed for the closure of the Register and
the polling day;
“list of post-register registrations” means a list containing those names that are registered during the period between the date fixed for the closure of the Register and the polling day;
“lives” in relation to a person, means the place where the person normally sleeps;
“list of post-register registrations” means a list containing those names that are registered during the period between the date fixed for the closure of the Register and the polling day;
“lives” in relation to a person, means the place where the person normally sleeps;
“mental disorder” has the
same meaning as in the Mental Health Decree 2010;
monitor?? observer
“petition” means an election petition brought under Part [ED];
monitor?? observer
“petition” means an election petition brought under Part [ED];
“nominating
party” means a political party that nominates candidates on a party list;
“nomination
day” in relation to an election, means the day appointed by the Supervisor
of Elections for the nomination of candidates for the election under section [CE4];
“party” means a political
party;
“party candidate” means an individual who is included in the party
candidates’ list for a political party;
“party list” means a list of
individuals nominated by a party to be candidates in an election in a
particular electoral district;
“place of
nomination” in relation to an election, means the place appointed by the
Supervisor of Elections for the receipt of nominations of candidates for the
election under section [xx];
“polling agent” means a person appointed pursuant to section [CE20] as a
polling agent by an independent candidate or a
political party;
“polling day”
means the day determined by the
Supervisor of Elections for polling to take place in an election, if a poll is required;
“polling station” means a building, structure, vehicle, vessel or enclosure, or a part of a building, structure, vehicle, vessel or enclosure, established at a place, pursuant to section [CE19], for the purpose of taking votes during polling;
“presiding
officer” means any person performing the duties of a presiding officer at a
polling station or at an issuing point at a polling station under this Decree;
“public officer” in relation to a party means the person designated as
the public officer of the party pursuant to [the Political Parties Decree 2013];
“publish’’ means to
produce and make available to the public, including electronically;
“Register” means the National Register of Voters established under the Electoral (Registration of Voters) Decree 2012;
“Register of
Political Parties” means the Register of Political Parties established under
the Political Parties
Decree 2013;
“registered
voter” means a person who is registered as a voter under the Electoral
(Registration of Voters) Decree 2012;
“registration officer”
means any officer appointed by the Supervisor of Elections to register citizens in the Register;
“registration period” means –
“registration period” means –
(a)
in respect of
the first election held after the commencement of this Decree - the period from
and including the date of commencement of this Decree to and including the date of publication of an election
notice for that election; and
(b)
in respect of any other election - the period from
and including the date of the official announcement of the election results of
any previous election to and including the date of publication of an election
notice day for the following election;
“regulations”
means regulations made under section [Misc4];
“residential address” means the address where a person lives, including the province and division, [provided however that he or she has lived there for a period of at least three (3) months immediately before registration];
Omit words in brackets? They are in Decree 54/12 but disqualify many people from being registered!
(Should
not be in a definition, but a substantive rule, if wanted.)
“returning
officer” means a person appointed as a returning officer for an electoral
district under section [xx] and any other person performing the functions of a
returning officer under this Decree;
“spoiled ballot paper” has the meaning given to it by section [CE27];
“Speaker”
means the Speaker of Parliament elected under the Constitution;
“tendered
ballot paper” means a ballot paper referred to in section [CE26];
“tendered
vote list” means the list compiled under section [CE26];
“undue
influence” means a contravention of section [EO6];
“voter” means a
person who exercises or seeks to exercise his or her right to vote in an
election;
“voter number” means a unique identification number assigned to every voter under the Electoral (Registration of Voters) Decree 2012.
(2) For the purposes of this Decree –
(a) 2 or more terms of imprisonment that are
required to be served consecutively are to be regarded as a single term of
imprisonment for the aggregate period of those terms; and
(b)
account is not to be taken of a
sentence of imprisonment imposed as an alternative to, or in default of, the
payment of a fine.
(3) If this Decree requires public notice to be given of any matter, either in a newspaper or by broadcast, it must be published or broadcast, as the case may be, in English, Fijian and Hindi.
PART
[SE] – SUPERVISOR OF ELECTIONS
Functions and powers of the Supervisor of Elections
SE1. (1) The
Supervisor of Elections has general responsibility for the registration
of voters for elections of members of Parliament and the conduct of those
elections, in accordance with Chapter [xx] of the
Constitution, and this Decree.
(2) Without
limiting subsection (1) –
(a)
if Parliament has been dissolved before
the end of its term, the Supervisor
must set a date
for a general election, in accordance with Article [xx] of the Constitution;
and
(b)
in accordance with Article [xx] of the
Constitution, the Supervisor may
arrange early,
or alternative, voting days, either generally, or in all or part of any particular electoral district.
(3) The Supervisor of
Elections must take all reasonable steps to
encourage all citizens to become registered and to vote at
elections for Parliament.
(4) The Supervisor of Elections, as required
by Article [xx] of the Constitution, must administer any local government
elections which are required to be conducted by the Local Government Act
(Cap.125) in a manner consistent with the Constitution.
(5) The
Supervisor of Elections may –
(a)
appoint
electoral officers, as provided by section [SE2];
Are
they employees? They could be public offices redeployed/assigned/designated for
the duration of an election
(b)
issue
to electoral officers instructions that the Supervisor of Elections
considers necessary to ensure the effective performance
of their duties;
(c) correct
any error, omission or duplication on any application or other document made or
issued under this Decree which appears to have been made inadvertently, other
than in a ballot paper;
(c)
approve forms and other
documents needed for purpose of this Decree;
(d) do all other things
reasonably needed to perform its functions under the Constitution or this
Decree .
Appointment of electoral
officers
SE2. (1) The
Supervisor of Elections must appoint for each electoral district –
(a)
a registration officer;
(b)
an assistant registration officer;
(c)
a returning officer; and
(d)
an assistant returning officer.
(2) When making appointments under subsection (1), the Supervisor of Elections may –
(a)
appoint more than one registration
officer for an electoral district; and
(b)
appoint a person to be a
registration officer or returning officer for more than one electoral district,
in which case the Supervisor of Elections must appoint an assistant
registration officer or an assistant returning officer as the case may be for
each electoral district concerned.
(3) An assistant registration officer for an electoral district may exercise all the powers and perform all the duties and functions of the registration officer for the electoral district and, subject to subsection (4), an assistant returning officer for an electoral district may exercise all the powers and perform all the duties and functions of the returning officer for that electoral district.
(4) An assistant returning officer is not a returning officer for purposes of section [xx], and must not exercise any power or perform any function of a returning officer under section [yy] or [zz] unless––
(a) the returning officer is unavoidably
prevented from exercising the power or
performing
the function; or
(b) the returning officer has been appointed
returning officer for more than one
electoral district.
(5) Registration officers may appoint registration clerks to assist them, as the Supervisor of Elections approves.
(6) Every person appointed under this section must, before taking up office, make a declaration in the approved form.
(7) Public notice must be given in the Gazette of all appointments made under this section.
PART
[AS] – ALLOCATION OF SEATS
Electoral districts
AS1. (1) The
boundaries of the electoral districts are as set out in the Schedule to the
Constitution.
(2) The
Supervisor of Elections must (and whenever the boundaries are altered) publish
maps showing the boundary of each electoral district.
I thought there is now only
one seat…. The whole countries
Allocation of seats
AS2. (1) The
number of seats to be allocated to each electoral district pursuant to Article
[xx] of the Constitution are as shown in Schedule [1] to this Decree.
(2) Each
electoral district is, as far as possible, to contain a similar number of
registered voters.
Review of allocation
AS3. (1) The
Supervisor of Elections must collect and maintain records of statistics
relating to the population in each electoral district, so as to facilitate the
periodical review of the allocation of seats.
(2) The Supervisor of Elections must publish
the statistical data on which decisions about
allocation of seats are based.
(3) Whenever the Supervisor proposes to recommend
an amendment to Schedule [1], he or she must, by notice published in the
Gazette, in a daily newspaper and by radio broadcast, invite submissions from
political parties, members of Parliament and any other person or body wishing
to make a submission to it.
(4) The invitation for submissions must specify a period of not less than 60 days for the making of submissions.
(4) The invitation for submissions must specify a period of not less than 60 days for the making of submissions.
(5) The invitation mentioned in subsection
(4) must be published in the Gazette, and in other appropriate media, including
overseas.
PART
[CE] - CONDUCT OF ELECTIONS
Election notice
Election notice
CE1. (1) Whenever, under the Constitution, an election is to be held in any electoral district, the Supervisor of Elections must determine a date for polling to take place in that electoral district, in accordance with Article [90] of the Constitution.
CE1. (1) Whenever, under the Constitution, an election is to be held in any electoral district, the Supervisor of Elections must determine a date for polling to take place in that electoral district, in accordance with Article [90] of the Constitution.
(2) The Supervisor of
Elections must then issue an election notice and publish it in the Gazette and
in other appropriate media. The election notice must be published at least [21]
days before the election is to be held.
OK?
(3) The election notice must –
(a) specify the number of members
that are to be returned for the electoral district, or each of the electoral
districts, to which it relates;
(b) specify the date for the election
determined under subsection (1);
(c) specify the date
on which, [and the place at which,] the returning officer will receive nominations of candidates for the
election; and
Should be the Supervisor of Elections?
(d) specify
the date on which the poll will be held if the election is contested.
(4) An election notice for a general election must in respect of every electoral district –
(a) be issued on the same day; and
(a)
specify the same nomination day.
Action
on a vacancy
CE2. (1) If
it appears to the Speaker that the place of a member of Parliament has become
vacant, the Speaker must in writing inform the Supervisor of Elections of the
vacancy and of the cause of the vacancy and the Supervisor must publish a
notice in the Gazette.
(2) If a
seat is vacated during the term of Parliament, the Supervisor of Elections must
award the seat to the next candidate in the election, who –
(a) is still available to serve at the time
of the vacancy; and
(b) was next in line to receive a seat
immediately after the election, as determined
in accordance with this Decree.
Effect of dissolution of
Parliament
CE3. If after the issue of an election notice but before the declaration of the election of one or more members pursuant to the notice Parliament is dissolved, the election has failed and the Supervisor of Elections must publish a notice accordingly.
CE3. If after the issue of an election notice but before the declaration of the election of one or more members pursuant to the notice Parliament is dissolved, the election has failed and the Supervisor of Elections must publish a notice accordingly.
Nominations
Nomination day
CE4. (1) The
Supervisor of Elections must publish in the Gazette and in other
appropriate media a notice in the approved form of –
(a)
the nomination day; and
(b) the place of nomination,
in respect of the electoral district.
(2) A notice under subsection (1) must specify a period of 7 hours between the hours of 8.00 a.m. and 4.00 p.m. that is appointed for the receipt of nominations and the returning officer must attend at the place of nomination during all those hours.
Nomination of
independent candidates
CE5. (1) A
person wishing to stand as an independent candidate in an election for any electoral
district must be duly nominated in writing on a nomination paper in the approved
form and the nomination must be signed by not less than 7 persons entitled to
vote in the electoral district for which the candidate seeks election (in this
section called “nominators”)
(2) If a person signs the nomination paper of more than one independent candidate in the same electoral district, the signature is not valid for the second or later nomination delivered in accordance with subsection (8).
(3) The nomination paper must set out –
(a) the full name;
(b) the
residential address;
(c) the occupation; and
(d) the
voter number,
of the
candidate and of each nominator.
(4) An independent candidate
cannot stand in more than one electoral district in the same election.
(5) A nomination of an independent candidate is
not valid unless the candidate indicates his or her consent by signing the
nomination paper and making a declaration on the nomination paper that –
(a)
to the
best of his or her knowledge and belief, he or she is qualified under the
Constitution to be elected as
a member for the electoral district to which the nomination relates; and
(b)
he or
she is not, and does not intend to be, a candidate in any other electoral
district on the
same day as the election to which the nomination relates.
(6) In the nomination paper, an independent candidate must specify –
(a)
an office or place within the
electoral district; or
(b)
an office or place within 25 kilometres of the place of nomination,
as his or her address for service.
Will (b) be needed?
(7) Delivery at the office or place specified under subsection (6) of any notice, claim, writ of summons, electoral petition or other document addressed to the candidate is deemed to be service on the candidate of the document.
Electronic service?
(8) The nomination paper must be delivered to the returning officer for the electoral district by the candidate, or by a person appointed by the candidate in writing, at the place of nomination, during the time appointed for receiving nominations in that electoral district.
(9) A nomination must not be rejected because
of any formal defect or error in the nomination if the returning officer to
whom the nomination paper is delivered is satisfied that this section has been
substantially complied with.
Nomination of party
candidates
CE6. (1) Only registered
political parties can nominate party candidates for an election, and must do so
in accordance with this section.
(2) A party wishing to
nominate one or more party candidates in an election for any electoral district
must –
(a) include the name of each party
candidate in a list [in an approved
form]
for that electoral district
(to be known as the ‘party list’);
(b) rank
candidates in the party list for each electoral district in the order they are
to be assigned seats in Parliament, in
accordance with the Constitution; and
(c) send the party list for each electoral district to the
returning officer for that
district by close of
nominations on the nomination day for the election in that electoral district.
(3) A party list for any electoral district
must be in writing and signed by –
(a) the
public officer of the political party; and
(b) the
Chair or some other member of the executive body of the party.
(4) A party list must include a certificate that the order of candidates was agreed in accordance with the rules of procedure of the party.
(5) The party list must set out –
(a) the full name;
(b) the
residential address;
(c) the occupation;
and
Needed?
(d) the
voter number,
of each party
candidate on the list.
(6) Inclusion of a party candidate on a party
list is not valid unless the candidate
consents by signing the list and a declaration attached to the list that –
(a) to the best of his or her knowledge and belief, he
or she is qualified under the Constitution and the other laws of Fiji to be
elected as a member for the electoral district to which the list relates; and
(b) he or she is not, and does not intend to be, a candidate in any other
election the poll for which is to be held on the same day or between the same
dates as the election to which the list relates.
(7) The [returning officer/Supervisor of Elections] is
entitled to satisfy himself or herself, after making any inquiries he or she considers appropriate of the public
officer of the party or any other person, that a party candidate is duly nominated.
Which?
(8) A party candidate cannot be on a party list in more than one electoral district in the same election.
Deposits and statements
of support
CE7. (1) A
nomination of a party candidate by a nominating party is not valid unless it is
accompanied by [$500] in legal tender or a banker’s cheque.
(2) A nomination of an independent candidate
is not valid unless it is accompanied by –
(a)
[$500] in legal tender or a banker’s cheque; and
(b) a statement of
demonstrated support in the approved
form.
(3) A statement of demonstrated support for an independent candidate in an electoral district must –
(a) be received by the returning officer for that district by 5.0 p.m. on
the nomination day; and
(b)
contain
signatures of voters who are registered in the electoral district numbering not
less than [1%] of the registered voters in that district.
[Previously,
250, or 5% of the number of valid ballot papers counted in the last preceding
election in the electoral district]
(3) If satisfied that the
requirements of subsections (1) to (3) have been met in respect of a nominating
party or an independent candidate, and that every independent or party
candidate is qualified to stand for election in terms of the Constitution and
this Decree, the returning officer for the electoral district must –
(a)
issue a
certificate in the approved form to the public officer of the
party or to the
independent candidate (as the case may be) and;
(b)
report
accordingly to the Supervisor of Elections in the approved form.
Nominations to be
displayed
CE8. (1) The returning officer for an electoral district must, if satisfied that a nomination of an independent candidate complies with the requirements of sections [xx] and [yy], cause a copy of the nomination paper to be prominently displayed at the place of nomination in the electoral district.
CE8. (1) The returning officer for an electoral district must, if satisfied that a nomination of an independent candidate complies with the requirements of sections [xx] and [yy], cause a copy of the nomination paper to be prominently displayed at the place of nomination in the electoral district.
(2) The [returning officer][Supervisor of
Elections], if satisfied that
a party list for an electoral district complies with the requirements of
sections [aa] and [bb] must –
(a)
cause a
copy of the list to be prominently displayed at the place of nomination
in the electoral
district;
(b)
cause
notice of the list to be published in a newspaper and broadcast over a
radio station accessible
in the electoral district; and
(c) cause the list to be affixed to the
outside of every polling station in the electoral district at least 1 hour
before the poll opens at that polling station.
(3) [Publication
in other appropriate media?]
Withdrawal of candidate
CE9. (1) An independent or a party candidate may withdraw his or her candidacy by giving notice in writing to the returning officer for the electoral district before 2.30 p.m. on the day following nomination day, after which a candidate may not withdraw.
CE9. (1) An independent or a party candidate may withdraw his or her candidacy by giving notice in writing to the returning officer for the electoral district before 2.30 p.m. on the day following nomination day, after which a candidate may not withdraw.
(2) [Amendment of party
list because of a withdrawal of a party candidate?]
Objections to
nominations
CE10. (1) A
person registered to vote in an electoral district may object to the nomination
of any candidate for that electoral district on the ground that –
(a) the
candidate is not qualified to be nominated;
(b) the inclusion of a party candidate on a
party list does not comply with the
requirements of
the Constitution or this Part.
(2) An objection under subsection (1) must be in writing and must –
(a) set
out the full name as it appears in the Register, the address and the voter
number of the person objecting;
(b) set
out the ground or grounds of the objection;
(c) set out the facts giving rise to the ground or grounds of objection; and
(b)
contain a statutory declaration that the
objector has made a conscientious effort
to ascertain
the truth of those facts and that they are true to the best of his or
her
knowledge and belief.
(3) An objection must be –
(a) delivered by the person objecting, in
person to the returning officer for the
electoral district, before 5.0 p.m. on the day
following nomination day in the electoral district; and
(b) sent by mail or electronic system to the
candidate whose candidacy is objected
to.
(4) If the ground for
objection to the nomination of an independent candidate is solely that the
nomination paper of the candidate does not comply with the requirements of this
Part, the returning officer for the electoral district must straightaway decide
on its validity, and for that purpose may ask the candidate whose nomination is
objected to any relevant question, either in an interview, in writing, or by
electronic means, duly recorded.
(5) A decision by a returning officer under
subsection (4) is final and can only be questioned in proceedings on an
election petition under Part [ED].
(6) If the objection to the nomination of a candidate is on a ground, or includes a ground, mentioned in subsection (1)(a) or (c) above, the returning officer for the electoral district must notify the Supervisor of Elections as soon as practicable, and the Supervisor must arrange to make a decision on the objection as soon as possible.
(7) Any challenge to a decision by the Supervisor of Elections under subsection (8) must be dealt with by the court on an election petition under Part [ED].
Proceedings
after objections
CE11. (1) If in any electoral district after the expiry of the time
provided for the withdrawal of candidates under section [CE9] and after the
returning officer for that electoral district has decided any objection under
section [CE10], only one independent candidate or one nominating party for each
seat allocated to the electoral district remains nominated, the returning
officer must –
(a)
if the remaining candidate is an independent
candidate, award the seat to that
candidate; or
(b)
if it is one nominating party that remains, award
he seat to the highest-ranked candidate on that party’s list; and
(b)
in either event notify the Supervisor of
Elections in the approved form.
(2) If the election in any electoral district is contested, the returning officer for that electoral district must transmit by the most expeditious means to the Supervisor of Elections –
(a) the names of the
independent candidates and nominating parties in the order in which their names
should be printed in the ballot papers; and
(b) the
number of ballot papers required for the election.
Disqualification of
candidate after nomination
CE12. (1) If after an independent candidate in an election has been nominated and before polling day the Supervisor of Elections declares the candidate to be disqualified from election, the Supervisor must order the name of the candidate to be omitted from the ballot papers in the election.
CE12. (1) If after an independent candidate in an election has been nominated and before polling day the Supervisor of Elections declares the candidate to be disqualified from election, the Supervisor must order the name of the candidate to be omitted from the ballot papers in the election.
(2) If an order is made under subsection (1)
the Supervisor must cause to be printed a sufficient number of ballot papers
for the poll with the name of the disqualified candidate or party omitted.
(3) If ballot papers including the name of a
disqualified candidate or party have been printed before an order under
subsection (1) is made, they must be made up into secure packages and sent to
the Supervisor of Elections.
(4) The returning officer must publish in the
Gazette and in other
appropriate media, a notice
of the order in which the names of the candidates and parties will be printed
on ballot papers as a result of an order under subsection (1).
(5) Same if
candidate dies.
Preparations for poll
Notice of poll
CE13. (1) If an election for an electoral district is contested, the returning officer for the electoral district must, as soon as practicable, give notice of the poll in the Gazette and in other appropriate media.
CE13. (1) If an election for an electoral district is contested, the returning officer for the electoral district must, as soon as practicable, give notice of the poll in the Gazette and in other appropriate media.
i.e.
more candidates than allocated seats after close of nomination day
(2) The notice given under subsection (1) must contain the following information in relation to each independent candidate –
(a) particulars of the
candidate as described in his or her nomination paper, with the last name (if
any) of the candidate appearing before the first name; and
(a)
the name or names of the person or persons who
nominated the candidate under section [xx].
(3) The notice given under
subsection (1) must contain the following information in relation to each party
candidate –
(a) particulars of the candidate as described in the party list nominating
the candidate, with the last name (if any) of the candidate appearing before
the first name; and
(b) the
name of the nominating party.
(4)
Each party candidate should be listed in the order the Party placed
them, not alphabetically
(5) The notice must set out –
(a) the
place or places at which polling stations for the electoral district will be
established for the purpose of taking votes during polling; and
(b) the
date or dates and hours between which the returning officer or an assistant
returning officer or presiding officer will attend at the various polling
stations to take votes.
(5) A copy of the notice given under
subsection (1) must, as soon as practicable, be exhibited at all post offices
and court houses in the electoral district to which it relates.
Voting by ballot
CE14. (1) The votes in a poll must be taken by ballot and the ballot of each voter must consist of a paper prepared in accordance with this Decree.
(2) The ballot paper must be in, or substantially in accordance with, the form prescribed in Schedule [2] to this Decree.
CE14. (1) The votes in a poll must be taken by ballot and the ballot of each voter must consist of a paper prepared in accordance with this Decree.
(2) The ballot paper must be in, or substantially in accordance with, the form prescribed in Schedule [2] to this Decree.
(3) Following the receipt by the Supervisor
of Elections of the names of the independent candidates who are nominated for
election in an electoral district, and of the nominating parties, the Supervisor of
Elections must cause to be printed a sufficient number of ballot papers for the
ballot of each voter at the poll in that electoral district.
(4) Opposite the name of each independent candidate and of each nominating party, if any, a square must appear for the marking of votes by voters.
(4) Opposite the name of each independent candidate and of each nominating party, if any, a square must appear for the marking of votes by voters.
(5) Ballot papers must be capable of being
folded and must be bound in books with serially numbered counterfoils.
(6) Subject to section [xx], ballot papers must be kept at all times in safe custody.
(6) Subject to section [xx], ballot papers must be kept at all times in safe custody.
Names on ballot papers
CE15. (1) To determine the order in which names of independent candidates and of nominating parties should appear on the ballot paper, the returning officer for the electoral district must, immediately after the close of nominations, at the place of nomination and before all persons present at that place –
CE15. (1) To determine the order in which names of independent candidates and of nominating parties should appear on the ballot paper, the returning officer for the electoral district must, immediately after the close of nominations, at the place of nomination and before all persons present at that place –
(a) prepare a list of the names of independent
candidates and of nominating parties in alphabetical order;
(b) read
out the list;
(c) place
a number of balls equal to the number of independent candidates and nominating parties,
being balls of equal size and weight and each of which is marked with a
different number, in a cylindrical container large enough to allow all the balls to move about freely when
the container is rotated;
(d) rotate
the container and permit any other person present who wishes to do so to rotate
the container;
(e) cause
a person who is blindfolded and has been blindfolded since before the rotation
of the container in accordance with paragraph (d) to take the balls, or cause
the balls to come out of the container one by one and, as each ball is taken or
comes out, pass it to an electoral officer (nopt beiong the returning officer) who
must call out the number on the ball;
(f) as each number is called out in accordance with
paragraph (e) write the number opposite to the first name in the list prepared
in accordance with paragraph (a) which does not have a number opposite to it;
(g) place
all the balls back in the container and repeat the process described in
paragraphs (d) and (e);
(h) prepare
a list of the numbers called out in accordance with paragraph (e) in the order
in which they were called out; and
(i)
write
on the list of numbers prepared under paragraph (h) opposite to each number the
name set out opposite to that number under paragraph (f).
(2) If 2 or more independent candidates have
the same name, the names of those candidates may be identified by such
description or addition as will distinguish them from one another.
(3) The only personal names which may appear
on ballot papers are those of candidates, or any other name used to distinguish
2 candidates with the same name, as provided for by subsection (2).
(4) An identification of an independent candidate, such as occupation, title, honour or degree, must not appear on a ballot paper.
Symbols on ballot papers
(4) An identification of an independent candidate, such as occupation, title, honour or degree, must not appear on a ballot paper.
Symbols on ballot papers
CE16. (1) The
registered symbol of every independent candidate and of every nominating party
in an election must be printed next to the name of the candidate or party on
the ballot papers for use in the election.
(2) In the case of an independent candidate, the Supervisor of Elections must –
(2) In the case of an independent candidate, the Supervisor of Elections must –
(a) ask
the candidate to choose a symbol from a list of symbols supplied by the Supervisor;
(b) allot
the candidate the symbol chosen by the candidate or, if that symbol is not
available, a symbol allotted by the Supervisor, and inform the candidate, by
registered post or in writing served personally upon the candidate, of the
symbol allotted to him or her; and
(c) print
the symbol adjacent to the name of the candidate on the ballot papers for use
in the election.
(3) The symbols used or allotted under this section must, as far as practicable, be printed on the ballot papers in uniform size for all independent candidates and nominating parties.
(4) The Supervisor of Elections must as soon as possible after nomination day publish in the Gazette a list of the independent candidates and nominating parties in an election and their respective symbols.
(5) In this section, “registered symbol”, in relation to a political party, means the symbol of the party entered in the Register of Political Parties.
Return or forfeiture of
deposits
CE17. (1) In this section, “candidate” means a candidate whose nomination was accompanied by a deposit as required by section [CE7].
CE17. (1) In this section, “candidate” means a candidate whose nomination was accompanied by a deposit as required by section [CE7].
(2) If –
(a) a candidate dies before the polling day;
(b) a candidate is elected or would have been elected
had he or she not died between the close of the poll and the declaration of the
result of the poll; or
(b)
a
candidate is not elected but the number of votes polled in the candidate’s
favour is at least 5% of the total number of votes
polled in favour of all the candidates and parties in the election,
Is
this OK?
the amount
deposited in respect of the candidate under section [CE7] must be returned, as
soon as practicable, to the person by whom it was made or to his or her
personal representative.
This
needs rewriting to provide for party candidates and for parties losing
deposits.
(3) The amounts deposited in respect of all other candidates, including candidates who cease to be qualified to be nominated as candidates, are forfeited to the State and must be paid into the Consolidated Fund.
Presiding officers and
clerks
CE18. (1) The Supervisor of Elections must appoint a presiding officer to preside at each polling station in the electoral district and, if a polling station has more than one issuing point, may appoint an assistant presiding officer for each issuing point.
Say ‘may assign a public officer to be…’ if wanted
CE18. (1) The Supervisor of Elections must appoint a presiding officer to preside at each polling station in the electoral district and, if a polling station has more than one issuing point, may appoint an assistant presiding officer for each issuing point.
Say ‘may assign a public officer to be…’ if wanted
(2) If an election is being held for more than one electoral district, the same persons must not be appointed as presiding officer or assistant or deputy presiding officer in respect of more than one electoral district.
(3) A person appointed as a presiding officer or assistant presiding officer under subsection (1) must –
(a) attend
at the relevant polling station on the day or days and during the hours
appointed for taking the poll at that station;
(b) subject
to this Decree, receive the votes of all persons whose names are on the division
of the Register for the electoral district concerned and who appear and apply for a ballot paper.
(4) The Supervisor of Elections may appoint a deputy presiding officer or deputy assistant presiding officer to perform the duties of a particular presiding officer or assistant presiding officer at a polling station in that electoral district during the temporary absence of the presiding officer or assistant presiding officer.
(5) The Supervisor of Elections may appoint as many clerks as the Supervisor of Elections approves to effectually conduct an election in that electoral district.
(6) A person must not be appointed under this section for any purpose connected with an election if that person has been employed by anyone other than an electoral officer in or about the election.
(7) A deputy presiding officer or assistant presiding officer may do any act that the presiding officer is authorised or required by or under this Decree to do at a polling station or issuing point, respectively, other than ordering the arrest, exclusion or ejection from the polling station of any person.
(8) An electoral officer appointed under this section must not begin to perform his or her duties unless he or she has signed a declaration in the approved form.
Facilities at polling
stations
CE19. (1) The Supervisor of Elections must ensure that every polling station in each electoral district is provided with –
CE19. (1) The Supervisor of Elections must ensure that every polling station in each electoral district is provided with –
(a) polling booths with separate voting compartments and such other
facilities as are necessary for carrying out the election;
(b) an appropriate number of ballot boxes of convenient size, each provided
with a lock and key and so constructed that the ballot papers can be placed in
them but cannot be taken out without the boxes being unlocked;
(c) a
copy of the relevant division of the Register for each electoral district concerned;
(d) materials for voters to mark the ballot papers; and
(e) any
written directions for the guidance of voters issued by the Supervisor of
Elections.
(2) If a polling station will be receiving votes in more than one electoral district, there must be separate ballot boxes in the polling station for each electoral district.
Will people need to go to the electoral district to vote?
Or
will polling stations accept votes for any electoral district?
(3) The voting compartments in a polling
station must be so constructed and arranged that voters can mark their votes in
private.
(4) The directions to voters referred to in subsection (1)(e) must be in such language or languages as the Supervisor of Elections considers appropriate, consistently with the Constitution.
(4) The directions to voters referred to in subsection (1)(e) must be in such language or languages as the Supervisor of Elections considers appropriate, consistently with the Constitution.
(5) Without affecting the
provisions of section [xx] (relating to illiterate or incapacitated voters) the
facilities provided at a polling station must be adequately equipped and
designed to enable persons with disabilities or other special needs to cast
their vote.
Polling agents
CE20. (1) Each
independent candidate in an electoral district, and each nominating party, may appoint not more than 7 polling
agents for each issuing point of each polling station receiving votes in that electoral
district and must notify the presiding officer in writing of any appointment
before polling opens at the polling station.
(2) A notice under subsection (1) must specify the names and addresses of the polling agents appointed for each issuing point.
(3) A polling agent must, before being allowed to act, make a declaration in the approved form before the presiding officer.
(2) A notice under subsection (1) must specify the names and addresses of the polling agents appointed for each issuing point.
(3) A polling agent must, before being allowed to act, make a declaration in the approved form before the presiding officer.
The poll
Times for polling
CE21. (1) The poll at every polling station must take place on the day appointed by the Supervisor of Elections under section [CE13].
(2) Unless otherwise specified in the notice under section [CE13], the poll at every polling station must open at 7.30 am and must not close until all voters present in the polling station at 5.30 p.m., and desiring to vote, have voted.
CE21. (1) The poll at every polling station must take place on the day appointed by the Supervisor of Elections under section [CE13].
(2) Unless otherwise specified in the notice under section [CE13], the poll at every polling station must open at 7.30 am and must not close until all voters present in the polling station at 5.30 p.m., and desiring to vote, have voted.
i.e.
12 hours enough?
Too much
9-4
(3) The doors of every polling station must
be closed at the closing time specified in subsection (2) and a person must not
be admitted to a polling station after that time for the purpose of voting.
Unless
already in the line?
Or
give power to extend?
Can polling be on any day of the week?
Ballot boxes to be shown
empty before poll starts
CE22. (1) The
presiding officer at a polling station must, immediately before the start of
the poll at that polling station –
(a) show each of the ballot boxes to the persons
present at the polling station so that they may see that they are empty; the
polling tation orthe box… make it
clearer…. who can be present?
(b) [lock up and] seal each box in such a way as to prevent it
being opened without breaking the seal; and
unclear
(c) place
each ballot box within his or her view for the receipt of ballot papers.
(2) Each ballot box, after being [locked and] sealed in accordance with subsection (1) must not be opened until the time designated for counting the votes under section [xx].
What about announcing of seal
numbers? No.of ballots
When and where voters
entitled to vote
CE23. (1) On
polling day in an election, a person who is registered as a voter in an
electoral district is, subject to subsection (2), entitled to vote at any
polling station which
is receiving votes for that electoral district.
If it is one district then they can vote anywhere
But the votes must be received separately for each district? See CE19(2) above
But the votes must be received separately for each district? See CE19(2) above
(2) The division of the Register supplied
under section [xx] for the purpose of an election in any electoral district is
conclusive evidence of the right of each person registered on the register to
vote at the election [in
that district] unless the person –
(a) shows
by his or her answers to the questions asked under section [xx] that he or she
is not entitled to vote;
(b) refuses
to answer those questions; or what questions
But this does not identify the voter… that is what is crucial
(c) at
the time of presenting to vote has on a finger where???? the indelible
substance marked in the way directed by the Supervisor of Elections under
subsection [yy](6).
Right
to vote will depend on the voter number; how prove relevant district for
existing registrations?
(3) The following matters do not warrant the rejection at a polling station or issuing point of a claim to vote if, in the opinion of the presiding officer, the voter is sufficiently identified in the register of voters supplied to that polling station –
(a) omission
in the register of any first or last name, address, date of birth or
occupation;
(b) entry
of a wrong first or last name, address, date of birth or occupation; (all of
these together?
(c) mistake
in spelling of any first or last name, address, date of birth or occupation; or
(d) transposition
of any first or last name, address, date of birth or occupation.
(5) If a registered voter has since the compilation of the Register changed his or her name by marriage or deed poll, he or she is not disqualified from voting under the name appearing on the Register.
Questions to be put to
voter
CE24. (1) At a polling station, the presiding officer or a clerk may ask each person attending before him or her and claiming to vote the following –
CE24. (1) At a polling station, the presiding officer or a clerk may ask each person attending before him or her and claiming to vote the following –
(a) What
is your full name?
(b) Where
do you live?
DOB
(c) Have
you voted before in this election?
Question
re voter registration number, needed to prove relevant district?
(2) If the person claiming to vote refuses to answer fully any of the questions set out in subsection (1) the person’s claim to vote must be rejected unless he or she is physically disabled.
i.e.
deaf and/or dumb
(3) If the person claiming to vote answers the question set out in subsection (1)(c) in the affirmative, his or her claim to vote must be rejected.
Because
of CE25(6)
(4) If the presiding officer considers that
one of the person’s fingers is already marked with an indelible substance
pursuant to subsection (6), his or her claim to vote must be rejected.
(5) In all other circumstances the person’s claim to vote must be accepted and he or she must be given a ballot paper.
(5) In all other circumstances the person’s claim to vote must be accepted and he or she must be given a ballot paper.
(6) Each voter must, before being given a
ballot paper, have one finger marked with an indelible substance in the way the
Supervisor of Elections directs.
Voting procedure
CE25. (1) At the polling the presiding officer or a clerk must –
CE25. (1) At the polling the presiding officer or a clerk must –
(a)
call out the name of each voter as he or she is
given a ballot paper (but only if there are monitors present); polling agents
(b) write
the voter number of the voter on the counterfoil of the ballot paper;
(c) mark
the back of the ballot paper with the initials of the presiding officer or
clerk, or with an official mark to be used only for the election in progress;
(d) hand
the ballot paper to the voter; and
(e) immediately
make a mark against or through the name of the voter on the
relevant register
of voters, to denote that the voter has received a ballot paper.
(2) The voter must –
(a)
upon
receipt of the ballot paper, go to a voting booth;
(b) privately mark his or her vote on the
paper in the way prescribed by subsection (5);
(c) fold
up the paper so as to conceal his or her vote but so as to show the initials of
the presiding officer or clerk or the official mark on the back of paper;
(d) show
to the presiding officer or clerk the initials or mark on the back of the
paper; and Why?
(e) place
the paper in a ballot box in the presence of the presiding officer.
(3) The voter must vote without undue delay and must leave the polling station as soon as he or she has put the ballot paper in the ballot box.
(4) Nothing in this section prevents the presiding officer or clerk from folding a ballot paper before handing it to the voter under subsection (1)(d).
(5) The voter must mark his or her vote on
the ballot paper by placing a mark in the box
opposite the name or symbol of the party (or independent candidate) for whom
the voter wishes to vote.
Can
be any kind of mark? (But not the voter’s name)
(6) Each voter is entitled to cast one vote in an
election.
Tendered ballot papers
CE26. (1) If a person, representing himself or herself to be a particular voter named on the Register, applies for a ballot paper or papers after another person has voted as that voter –
CE26. (1) If a person, representing himself or herself to be a particular voter named on the Register, applies for a ballot paper or papers after another person has voted as that voter –
(a) the applicant is, upon duly answering the
questions set out in section
[CE24(1)], entitled to mark a ballot paper or
papers in the same manner as any other voter; but –
(b) instead
of being put into a ballot box, the paper or papers must be sealed by the voter
in an envelope and given to the presiding officer who must place the envelope
in a separate packet for each electoral district.
(2) Tendered ballot papers must not be counted under section [CE40] unless the court so directs.
(3) If subsection (1) applies in respect of any voter at a polling station, the name of the voter and his or her voter number must be entered on the tendered vote list for that polling station.
System of voter numbers should avoid
this problem?
Spoiled ballot papers
CE27. (1) A voter who has inadvertently dealt with a ballot paper in such a way that it cannot be conveniently used as a ballot paper may, on giving it to the presiding officer and establishing the inadvertence to the satisfaction of that officer, receive another ballot paper to replace it.
(2) The spoiled ballot paper must be cancelled by the presiding officer by writing or stamping the word Cancelled across its face and initialling it.
CE27. (1) A voter who has inadvertently dealt with a ballot paper in such a way that it cannot be conveniently used as a ballot paper may, on giving it to the presiding officer and establishing the inadvertence to the satisfaction of that officer, receive another ballot paper to replace it.
(2) The spoiled ballot paper must be cancelled by the presiding officer by writing or stamping the word Cancelled across its face and initialling it.
Why not SPOILT
Illiterate or
incapacitated voters
CE28. (1) If any voter at a polling station is illiterate or is incapacitated by blindness or other physical reason from voting in the manner prescribed by this Decree, the presiding officer must, at the request of the voter made in the presence of the polling agents, if any, cause –
CE28. (1) If any voter at a polling station is illiterate or is incapacitated by blindness or other physical reason from voting in the manner prescribed by this Decree, the presiding officer must, at the request of the voter made in the presence of the polling agents, if any, cause –
(a) the voter’s vote or votes more than one???to be
marked by a clerk in the presence of another clerk on a ballot paper or papers
in the manner directed by the voter; and
(b)
the
ballot paper or papers so marked to be placed in the ballot box or boxes.
Or
allow a disabled or illiterate voter to bring a friend or relative to help
them? Surely
(2) The name and voter number of every voter whose vote is marked under subsection (1) must be entered on the illiterate or incapacitated voters list for the polling station.
(3) Nothing in this section entitles any polling agent to see or hear how a voter votes, unless the voter requests the assistance of a polling agent. They shouldn’t
Persons not to remain in
polling stations
CE29. Only the following persons not actually
engaged in voting may remain in a polling station –
(a) the
returning officer for the electoral district;
(b) the
assistant returning officers;
(c)
the
presiding officer and assistant presiding officers (if any) for the polling
station;
(d) the
deputy presiding officer and deputy assistant presiding officers (if any);
(e) the
clerks;
(f) one polling agent of each independent candidate or nominating party for
each issuing point at which ballot papers for the electoral district are being issued;
(g) the
Supervisor of Elections;
(h) any person with the written permission
of the Supervisor of Elections.
Participation by candidates
and polling agents
CE30. (1) A candidate in an election must not take part in the conduct of the poll in the election, other than to cast his or her own vote.
CE30. (1) A candidate in an election must not take part in the conduct of the poll in the election, other than to cast his or her own vote.
(2) [Same rule for officers of nominating
parties, unless polling agent?]
(3) The polling agents of the candidates and
nominating parties in an election, if any, may sit where they are able to see each person
who presents himself or herself as a voter in the election and hear the name as
given by him or her, but must not be where they can see how a voter votes.
(4) A polling agent who –
(4) A polling agent who –
(a) interferes with or attempts to influence any voter
within a polling station; or
(b) communicates
with any voter in the polling station except so far as is necessary in the
circumstances referred to in subsection [CExx],
commits an
offence.
Penalty: 100
penalty units???? and imprisonment for 6 months.
(5) A polling agent must not be prevented from entering or leaving a polling station during the polling and, during the absence of a polling agent, a relieving polling agent may act, but so that only one polling agent for each candidate is present at each issuing point at which ballot papers for the electoral district are being issued in the polling station.
(6) A person who is in a polling station in the capacity of a polling agent must –
(a) wear
a badge or other form of identification, supplied by the presiding officer,
identifying the person as a polling agent;
(b) upon
leaving the polling station, return it to the presiding officer.
Complaints
process????
What are they
allowed to see/be?
Presiding officers to
maintain order
CE31. (1) Every presiding officer in respect of the polling station where he or she is conducting a poll –
CE31. (1) Every presiding officer in respect of the polling station where he or she is conducting a poll –
(a) must
maintain order and keep the peace;
(b) must
regulate the number of voters to be admitted at a time; and
(c) may
cause to be removed any person who –
(i) obstructs
the approaches to the polling station;
(ii) wilfully
and unnecessarily obstructs the proceedings at the polling;
(iii) conducts
himself or herself in a disorderly way, or causes a disturbance;
(iv) wilfully
acts in defiance of the lawful directions of the presiding officer; or
(v) is
not lawfully within the polling station. Who has this right?
(2) Presiding officers may request police assistance in maintaining order at polling stations.
Communication with
voters in polling station prohibited
CE32. (1) No police officer or official or unofficial person that could be another voter? may communicate with any voter in a polling station on a matter related to the election either before or after the voter has voted, except that –
CE32. (1) No police officer or official or unofficial person that could be another voter? may communicate with any voter in a polling station on a matter related to the election either before or after the voter has voted, except that –
(a) the
presiding officer may, either directly or through an assistant presiding
officer or clerk –
(i)
do
anything that the presiding officer is authorised to do, ask the questions that
the presiding officer is authorised to ask and give such general directions as
may assist any voter to mark his or her vote; and
(ii) on
request inform a voter orally of the names of all the parties and independent
candidates in the order in which they appear on the ballot paper and of their
symbols;
(iii) do
whatever is necessary to keep order within the polling station;
(b) a police officer or other person may act in pursuance of any lawful
instructions of the presiding officer.
(2) A person who contravenes subsection (1) may be removed from the polling station by order of the presiding officer.
Can the polling officials give instructions on the process of voting?
Prevention of
irregularities as to ballot papers
CE33. In order to prevent any irregularities at an election in connection with the possession of ballot papers, the following steps must be taken –
CE33. In order to prevent any irregularities at an election in connection with the possession of ballot papers, the following steps must be taken –
(a) the
Supervisor of Elections must give to the person printing the ballot papers a
receipt specifying the total number of ballot papers printed for each electoral
district and received by the Supervisor of Elections, and the printer must see
that all copies of the ballot papers other than those delivered to the Supervisor
of Elections are immediately destroyed;
(b) every
returning officer must give to the Supervisor of Elections a receipt JOURNAL/account
form specifying the total number of
ballot papers received by the returning officer for each electoral district,
and must take personal responsibility for the safe custody of the ballot papers
from the time they are received until they are issued or otherwise disposed of
in accordance with this Decree;
(c) every
presiding officer must give to the returning officer a receipt specifying the
total number of ballot papers received by the presiding officer for each
polling station, and must take personal responsibility for the safe custody of
the ballot papers from the time they are received until they are issued or
otherwise disposed of in accordance with this Decree;
(d) every
presiding officer and assistant presiding officer must take personal
responsibility for the safe custody of –
(i)
each
ballot paper used at the polling station or the issuing point at which he or
she presides from the time the ballot paper was placed in the ballot box by the
voter; and
(ii)
all
unused ballot papers and tendered ballot papers, until the parcels of ballot papers have been sent
to the returning officer, or to a person designated under section [CE45(2)];
(e) in
like manner every returning officer or person designated under section [CE45(2)]
must take personal responsibility for the safe custody of all ballot papers
used at the polling stations in his or her electoral district, and all unused
and tendered ballot papers, until they have been sent to the Supervisor of
Elections under section [CE45(3)].
The count
Sealing of ballot boxes
and papers after the poll
CE34. (1) The presiding officer at a polling station must immediately after the close of the poll at that station, in the presence of the polling agents, if any, make up into separate packets or parcels sealed and clearly labelled with the name of the polling station and electoral district and a description of their contents –
CE34. (1) The presiding officer at a polling station must immediately after the close of the poll at that station, in the presence of the polling agents, if any, make up into separate packets or parcels sealed and clearly labelled with the name of the polling station and electoral district and a description of their contents –
Read out
ballot account form! Get signed by
polling agents!!!!
(a) the
ballot boxes used at the polling station, unopened but with the key attached,
and so sealed but it isn’t sealed if the key is attached as to prevent the
removal of ballot papers or the introduction of additional ballot papers;
(b) the
unused and spoiled ballot papers placed together;
(c) the
tendered ballot papers;
(d) the
counterfoils of all used, spoiled and tendered ballot papers;
(e) the
tendered votes list;
(f) the
list of illiterate or incapacitated voters; and
(c)
the ballot paper account prepared under
section CE35]. Why not putt his in the box.
(d)
Why
not include the marked register here
(2) If the polling station was receiving
votes in more than one electoral district, the separate packets or parcels
required by subsection (1) must be made up in respect of each electoral
district separately.
(3) After completing the
actions required by subsection (1) and (2), the presiding officer must, with
all convenient speed and by trustworthy means, deliver the packets or parcels
to the returning officer for the electoral district to which each packet or
parcel relates.
(4) The presiding officer at a polling station must, at the end of polling at that station, make up into separate packets sealed and clearly labelled with the name of the polling station and electoral district and a description of their contents –
(a) the marked copy of each division of the
Register used at that polling station ; and
(b) the official stamp (if any) used at the
polling station,
and must deliver the packets to the returning officer for the electoral district to which the division of the Register relates, together with the packets or parcels described in subsection (3).
Ballot paper account
CE35. (1) The presiding officer at each polling station must immediately after the close of the poll at that station prepare and send to the returning officer for the electoral district a statement in the approved form showing the number of ballot papers entrusted to that officer and accounting for them under the heads of –
CE35. (1) The presiding officer at each polling station must immediately after the close of the poll at that station prepare and send to the returning officer for the electoral district a statement in the approved form showing the number of ballot papers entrusted to that officer and accounting for them under the heads of –
(a) total
ballot papers in each ballot box;
(b) unused
ballot papers;
(c) spoiled ballot papers; and
(d) tendered
ballot papers,
See
Bangladesh or PNG version…. as no calculation here
in respect of each electoral district for which the polling station was receiving votes.
(2) The ballot paper account prepared under
subsection (1) must include a copy of the initials or official mark put on the
ballot papers at the polling station under section [xx].
i.e. the
count is centralised in each electoral district. An alternative is to count at the polling place, and report
the results to the District officer. This provides a faster result by dividing
the work and overcoming the distance. It also secures against risk of lost
boxes.Absolutely
Count officers and
counting agents
CE36 (1) The Supervisor of Elections must appoint in writing for each electoral district –
CE36 (1) The Supervisor of Elections must appoint in writing for each electoral district –
(a) a
team of clerks to assist with the count; and
(b) a
count leader for each such team.
(2) The count leader is responsible for coordinating the conduct of the count in an electoral district on behalf of, and subject to the instructions of, the returning officer; and references in sections [xx] to [yy] to the returning officer include references to the count leader or a clerk acting on behalf of the returning officer.
(3) Each independent candidate and
each nominating party may, in writing received by the returning officer at least one hour before the time
appointed for the start of the count under subsection [CE37(2)], appoint not
more than 5 counting agents.
(4) A counting agent may, at any time during
the hours of counting, leave and re-enter the counting centre for which he or
she is appointed.
Arrangements for the
count
CE37. (1) The returning officer for an electoral district must make arrangements for counting the votes for that electoral district as soon as practicable after he or she has received all the ballot boxes, packets and parcels from all the polling stations in the electoral district.
CE37. (1) The returning officer for an electoral district must make arrangements for counting the votes for that electoral district as soon as practicable after he or she has received all the ballot boxes, packets and parcels from all the polling stations in the electoral district.
Might
be in other electoral districts as in Note above?
(2) The returning officer for an electoral district must appoint a day, time and place at which he or she will begin to count the votes for that electoral district and must notify the candidates or their counting agents of the day, time and place so appointed.
Who may be present at the
count
CE38. On the day and at the time and place appointed for the count under section [CE37(2)], the following persons only may be present at the opening of the ballot boxes and during the count of the votes –
CE38. On the day and at the time and place appointed for the count under section [CE37(2)], the following persons only may be present at the opening of the ballot boxes and during the count of the votes –
(a) the
returning officer for the electoral district;
(b) any
assistant returning officers;
(c) legal advisers appointed by the Supervisor of Elections to
assist the returning officer;
Include in powers of the Supervisor?
(d) the
count leader and clerks;
(e) the
candidates, whether independent or party candidates;
(f) not
more than 5 counting agents of each candidate; or party
(g) police
officers on duty;
(h) the
Supervisor of Elections;
(j) any
person with the written permission of the Supervisor of Elections.
Monitors from outside Fiji?
Opening of ballot boxes
No counting until all polling stations closed?
No counting until all polling stations closed?
CE39. (1) On
the day and at the time and place appointed for the count in an electoral
district under section [CE44(2)], the returning officer for the electoral
district must identify the ballot boxes and packets received from each polling
station in the electoral district, dealing with one station at a time.
(2) The returning officer for an electoral district must –
(2) The returning officer for an electoral district must –
(a) open the ballot boxes received from each
polling station in that electoral
district;
(b) count the total number of ballot papers in
each box and the unused and
spoiled ballot papers in order to ascertain whether
those papers, together with those which, from the tendered votes list, appear to have been used for tendered votes,
account for all ballot papers issued to the particular polling station for the
purpose of the election; and
(c) record in writing the result of the
examination.
(3) The returning officer for an electoral
district must not open the sealed packets of counterfoils from any polling
station in the electoral district or refer to the numbers on the counterfoils
of the used ballot papers or open the sealed packets of tendered ballot papers.
Yes but this is also
where the results of the ballot account form should be read out.
Counting the votes
CE40. (1) At
the count in an electoral district, the returning officer must, so far as
practicable proceed continuously with the counting of the votes, allowing only
time for refreshment.
(2) The
returning officer for an electoral district must mix together all the ballot
papers from the different ballot boxes for the electoral district and must –
(a)
reject
all invalid ballot papers;
(b) arrange
the unrejected ballot papers under the names of the respective parties or
independent candidates;
(c) count and record the number of votes given for each
party or independent candidate on all unrejected ballot papers; and
(d) count and record the number of rejected ballot papers.
Invalid ballot papers
CE41. A ballot paper –
CE41. A ballot paper –
(a) that does not have on its back the initials of the presiding officer or
clerk or the official mark referred to section [CE25(1)(c)];
(b) on
which anything is written or marked by which, in the opinion of the returning
officer, the voter can be identified;
(c) that
has no vote indicated on it; or
(d) that
does not indicate the party/independent candidate for whom the voter wishes to
vote,
Intention not
clear
is, subject to this section, invalid and any votes marked on it must not be counted.
Objections to ballot
papers
CE42. (1) If a candidate or counting agent for an electoral district objects to a ballot paper as invalid, the returning officer must mark the ballot paper “admitted” or “rejected’ according to the returning officer’s decision to admit or reject the ballot paper.
(2) The returning officer must consider every objection raised by a candidate or a counting agent regarding the validity of a ballot paper or any marks on it and must, subject to subsection (4), decide the objection forthwith.
(3) Nothing in this section prevents a returning officer from rejecting any ballot paper as being invalid even though it is not objected to.
(4) Nothing in this section prohibits the returning officer from seeking and acting in accordance with legal advice from the Supervisor of Elections or from the persons referred to in section [xx](c).
CE42. (1) If a candidate or counting agent for an electoral district objects to a ballot paper as invalid, the returning officer must mark the ballot paper “admitted” or “rejected’ according to the returning officer’s decision to admit or reject the ballot paper.
(2) The returning officer must consider every objection raised by a candidate or a counting agent regarding the validity of a ballot paper or any marks on it and must, subject to subsection (4), decide the objection forthwith.
(3) Nothing in this section prevents a returning officer from rejecting any ballot paper as being invalid even though it is not objected to.
(4) Nothing in this section prohibits the returning officer from seeking and acting in accordance with legal advice from the Supervisor of Elections or from the persons referred to in section [xx](c).
(5) Subject to review on an election
petition under Part [ED], the decision of a returning officer or of the Supervisor
of Elections on a question arising on any ballot paper is final.
Recounts
CE43. (1) If, on the final count, 2 or more parties or independent
candidates have an equal number of votes, or a number of votes that differs by
less than 1% of the total votes cast, any
of the parties or candidates,
or the counting agent for the party or candidate, may require the returning
officer to have the votes recounted.
Is this OK?Yes but there must be other grounds
Is this OK?Yes but there must be other grounds
(2) On a recount pursuant to subsection (4), a ballot paper already rejected as invalid must not be counted.
(3) If, following the recount, an equality of votes still exists, the returning officer must decide between the candidates by lot, and must record the total number of votes in the report to the Supervisor of Elections under section [CE45].
Awarding of seats
CE44. (1) Following
the ascertainment of the number of votes given for each party or independent
candidate in an electoral district, the seats allocated to that
district under section [xx] of this Decree must be awarded to candidates in
proportion to the votes cast for each nominating party and each independent
candidate, if any.
Or some other formula?
Need more than this
(2) The
award of a seat to a party candidate must be in the order of ranking of the
candidates made by the party pursuant to section [CE6].
Documents to be sent to Supervisor
of Elections
CE45. (1) As soon as practicable after the completion of the count in any electoral district, the returning officer must seal up in separate packets in respect of the electoral district –
CE45. (1) As soon as practicable after the completion of the count in any electoral district, the returning officer must seal up in separate packets in respect of the electoral district –
(a) the
counted ballot papers;
(b) the
rejected ballot papers;
(c) the
unopened packets of tendered ballot papers;
(d) the
counterfoils;
(e) the
ballot paper accounts prepared under section [xx];
(f) the
tendered votes lists;
(g) the
list of illiterate or incapacitated voters; and
(h) the
official stamps (if any) used.
(2) Each packet prepared under subsection (1) must be endorsed with a description of its contents, the name of the electoral district to which the contents relate and the date or dates of the election.
(3) All the packets must then be made up into one parcel, sealed so that the parcel cannot be opened without breaking the seal, endorsed with a note of the election to which the parcel refers and sent to the Supervisor of Elections.
(4) The Supervisor of Elections must keep
the parcels sent pursuant to subsection (3) in safe custody and not allow any
person to have access to them, except as ordered by a court on the hearing of an
election petition or application.
(5) If an election petition has been presented questioning the validity of any election or return, or a criminal prosecution arising out of any election has been instituted, the Supervisor of Elections must, if so ordered by a court or the court, deliver to the proper officer of the court or the court the papers relating to the election or return involved.
(6) At the end of 12 months after an election, unless a court or the court otherwise orders, the Supervisor of Elections must destroy by burning the papers used at that election.
(7) Subject as aforesaid, the Supervisor may, after giving 2 weeks’ notice in the Gazette of the intention to do so, shorten the time specified in subsection (6) to a period of not less than 6 months.
(5) If an election petition has been presented questioning the validity of any election or return, or a criminal prosecution arising out of any election has been instituted, the Supervisor of Elections must, if so ordered by a court or the court, deliver to the proper officer of the court or the court the papers relating to the election or return involved.
(6) At the end of 12 months after an election, unless a court or the court otherwise orders, the Supervisor of Elections must destroy by burning the papers used at that election.
(7) Subject as aforesaid, the Supervisor may, after giving 2 weeks’ notice in the Gazette of the intention to do so, shorten the time specified in subsection (6) to a period of not less than 6 months.
Awarding of compensatory
seats
CE46. (1) As soon as practicable after the seats allocated to an electoral district have been awarded under section [CE44] in any electoral district, the returning officer for that district must –
CE46. (1) As soon as practicable after the seats allocated to an electoral district have been awarded under section [CE44] in any electoral district, the returning officer for that district must –
(a) [publicly declare the names of the successful
candidates, and of the
nominating party in the case of a party
candidate; and ]
Or
just report result to Supervisor, who will then award the compensatory seats on
the basis of nationwide voting results
(b) report in the approved form to the
Supervisor of Elections the results of the
poll, with the number of votes cast for each
nominating party and for each independent candidate, and the candidates to whom
seats have been awarded, in that district.
(2) The report required by subsection (2)
must include –
(a) the number of ballot papers counted in the
electoral district;
(b) the number of spoiled or rejected ballot
papers in the electoral district;
(c) the names of the independent candidates awarded the seats allocated to
that
electoral district, and the number of
votes cast for each;
(d) the name of each nominating party in that
electoral district, and the number of
votes cast for each;
(e) the name of each party candidate awarded a
seat in that electoral district, and
the name of the nominating party;
(3) The Supervisor of
Elections must, on the basis of the number votes cast for each nominating party
in each electoral district, assign 11 compensatory seats to nominating parties,
proportionally to the number of vote cast for each party on a nationwide basis.
Or another formula?
(4) When
a seat is assigned, or seats are assigned, to a nominating party under
subsection (2), the nominating party may choose, out of the candidates on its
lists that have not been awarded a seat in an electoral district is or are to
be awarded the seat.
Must
choose one of the next in rank?
Announcement of result
CE47. (1) Once the Supervisor of Elections has received from each electoral district a return under section [CE45] and made an award of all compensatory seats under section [CE46], the Supervisor must –
CE47. (1) Once the Supervisor of Elections has received from each electoral district a return under section [CE45] and made an award of all compensatory seats under section [CE46], the Supervisor must –
(a) announce the result in the Gazette and in
appropriate media; and
(b) send a written notice of the results to
the President.
(2) The announcement required by subsection
(1) must include –
(f) the number of ballot papers counted in
each electoral district;
(g) the number of spoiled or rejected ballot
papers in each electoral district;
(h) the names of the independent candidates awarded the seats allocated to
each
electoral district, and the number of
votes cast for each;
(i) the name of each nominating party in each
electoral district, and the number of
votes cast for each;
(j) the name of each party candidate awarded a
seat in each electoral district, and
the name of the nominating party;
(k) the name of each party candidate awarded a
compensatory seat, and the name
of the nominating party.
(3) The Supervisor of Elections must cause all announcements made under subsection (1) to be published in the Gazette.
Special procedure for
counting votes
CE48. Despite anything in this Decree, the Supervisor of Elections may, by order published in the Gazette, apply the following provisions to any place or area where circumstances do not permit the delivery of ballot papers to the returning officer in time for the count –
CE48. Despite anything in this Decree, the Supervisor of Elections may, by order published in the Gazette, apply the following provisions to any place or area where circumstances do not permit the delivery of ballot papers to the returning officer in time for the count –
(a) the
person specified in the order must as soon as possible after the close of the
poll, and in the presence of the polling agents of the nominating parties or
independent candidates who wish to be present (if any), count the votes cast in
the place or area and send by radio, telephone, facsimile transmission or other
expeditious means to the returning officer details of the number of votes cast
for each nominating party or independent candidate;
(b) the returning officer must include the votes counted under paragraph (a)
in the count made under the provisions of this Part and the decision of the
returning officer on any question arising in respect of those votes is final.
Is
this procedure still wanted/needed?
PART
[EO] – ELECTORAL OFFENCES
Scope of the Part
EO1. (1) In
this part, a reference to a person includes a political party that causes an
act to be done or an omission to be made with the authority of the executive
body of the party.
(2) For the purposes of this Part, a person
who aids, abets, counsels or procures, by any act or omission, or is directly
or indirectly knowingly concerned in, or party to, the contravention of a
provision of this Decree, is deemed to have contravened that provision.
Note
- Registration offences are in the Registration of Voters Decree
Offences in connection
with forms, etc.
EO2. (1) A person who –
EO2. (1) A person who –
(a) publishes,
issues, prints, or makes a copy of a ballot paper or a form prepared for the
purposes of this Decree without the authority of the Supervisor of Elections
and without printing on the copy the words “copy only” or “specimen only” in
letters at least one centimetre high;
(b) forges,
counterfeits, fraudulently defaces or destroys a nomination form or ballot paper or a form prepared for the purposes
of this Decree;
(c) without
due authority supplies to any person a ballot paper or a form prepared for the
purposes of this Decree;
(d) without
due authority removes, alters, obliterates, mutilates or destroys a ballot
paper or a form prepared for the purposes this Decree,
commits an
offence.
Penalty: 100
penalty units and imprisonment for 12 months.
(2) Subsection (1)(a) does not apply to a card or paper prepared on behalf of an independent candidate or political party having on it an instruction as to how a voter should vote or as to the method of voting.
Offences in relation to electoral information
EO3. (1) A
person who processes, manipulates or changes by electronic, mechanical or other
means any information contained in the Register for a purpose other than –
(a) a
purpose related to an election; or
(b) a
purpose of study or research,
commits an offence.
Penalty: 100 penalty units and imprisonment for 12
months.
(2) A person who uses any information contained in the Register for a commercial purpose commits an offence.
(2) A person who uses any information contained in the Register for a commercial purpose commits an offence.
Existing
law, but how prove? It is a public record
Penalty: 100
penalty units and imprisonment for 12 months.
Offences in relation to
ballot papers
EO4. (1) Except
as otherwise expressly authorised by this Decree, a person (other than the
voter to whom the ballot paper has been lawfully issued) who marks a vote or
makes any other mark on the ballot paper of a voter commits an offence.
Penalty: 100
penalty units and imprisonment for 12 months.
(2) A person who prints, publishes or distributes or causes, permits or authorises to be printed, published or distributed, any matter or thing with the intention of encouraging any voter to fill in a ballot paper otherwise than in accordance with section [xx], commits an offence.
(2) A person who prints, publishes or distributes or causes, permits or authorises to be printed, published or distributed, any matter or thing with the intention of encouraging any voter to fill in a ballot paper otherwise than in accordance with section [xx], commits an offence.
Penalty: 100
penalty units and imprisonment for 12 months.
(4) A person who by any spoken word, or by any gesture, publicly encourages any voter to fill in a ballot paper otherwise than in accordance with section [xx] commits an offence. Penalty: 100 penalty units and imprisonment for 12 months.
(5) A person who –
(4) A person who by any spoken word, or by any gesture, publicly encourages any voter to fill in a ballot paper otherwise than in accordance with section [xx] commits an offence. Penalty: 100 penalty units and imprisonment for 12 months.
(5) A person who –
(a) fraudulently
puts into a ballot box a paper other than the ballot paper that he or she is
authorised by this Decree to put into the ballot box;
(b) fraudulently
takes any ballot paper out of a polling station or counting centre; or
(c) without
authority, destroys, takes, opens or otherwise interferes with a ballot box or
packet or parcel of ballot papers in use for the purposes of an election,
commits an offence.
Penalty: 100
penalty units and imprisonment for 12 months.
Bribery
EO5. (1) A
person who asks for, receives or obtains, or offers or agrees to ask for, or to
receive or obtain, any property or benefit of any kind, whether for the same or
any other person, on an understanding that –
(a) any
vote of the first mentioned person;
(b) any
candidature of the first mentioned person;
(c) any
support of, or opposition to, an independent candidate or a nominating party by
the first mentioned person;
or
(d) the
doing of any act or thing by the first mentioned person the purpose of which
is, or the effect of which is likely to be, to influence the vote of a voter,
will, in any way, be influenced or affected, commits an offence.
Penalty:
1,000 penalty units and imprisonment for 2 years.
(2) A person who, in order to influence or affect –
(2) A person who, in order to influence or affect –
(a) any
vote of another person;
(b) the
candidature of
another person;
Including party candidates
(c) any
support of, or opposition to, a candidate or a nominating party by another
person; or
(d) the
doing of any act or thing by another person the purpose of which is, or the
effect of which is likely to be, to influence the vote of a voter,
gives or confers, or promises or offers to give or confer directly or through any other person, any property or benefit of any kind to that other person or to a third party, commits an offence.
Penalty:
1,000 penalty units and imprisonment for 2 years.
(3) This section does not apply in relation to –
(3) This section does not apply in relation to –
(a) a
declaration of public policy or a promise of public action;
(b) any action leading to the listing of
party candidates by a political party under section [xx].
Undue influence
EO6. A person who hinders or interferes with the
free exercise or performance, by any other person, of any political right or
duty that is relevant to an election commits an offence. Penalty: 200 penalty
units and imprisonment for 18 months.
Personation
EO7. (1) A
person who –
(a) applies
for a ballot paper in the name of –
(i) another
person, whether the name is that of a person living or dead; or
(ii) a
fictitious person;
Not likely with a voter number system?
(b) having
already voted in an election applies for a ballot paper at the same election in
his or her own name; or
(c) knowingly
and wilfully impersonates an electoral officer,
commits an
offence.
Penalty: 100
penalty units and imprisonment for 12 months.
Heading to electoral
advertisements in newspapers
EO9. A proprietor of a newspaper who fails to
cause the word “advertisement” to be printed as a headline to each article,
advertisement or notice in the newspaper –
(a) that
contains electoral
matter; and
(b) that
is, or is to be, paid for or for which any reward or compensation or promise of
reward or compensation is or is to be made,
commits an offence.
Penalty: 100
penalty units.
Printing and publishing
of electoral advertisements, notices, etc.
EO10. (1) A person who prints, publishes or distributes or causes, permits or authorises to be printed, published or distributed, an electoral advertisement, handbill, pamphlet or notice in which –
EO10. (1) A person who prints, publishes or distributes or causes, permits or authorises to be printed, published or distributed, an electoral advertisement, handbill, pamphlet or notice in which –
(a) the
name and address (not being a post-office box) of the person who authorised the
advertisement, handbill, pamphlet or notice does not appear at the end of it;
and
(b) in
the case of an electoral advertisement, handbill, pamphlet or notice that is
printed otherwise than in a newspaper – the name and place of business of the
printer does not appear at the end of it,
commits an offence
Penalty: 100
penalty units and imprisonment for 12 months.
(2) Subsection (1)(b) does not apply in relation to a car sticker, T-shirt, lapel badge, pen, pencil or balloon.
Or similar merchandise? Or omit, as an archaic provision
(2) Subsection (1)(b) does not apply in relation to a car sticker, T-shirt, lapel badge, pen, pencil or balloon.
Or similar merchandise? Or omit, as an archaic provision
(3) A person who produces, publishes or distributes or causes, permits or authorises to be produced, published or distributed an electoral video recording on which the name and address (not being a post-office box) of the person who authorised the video recording does not appear at the end of it, commits an offence.
Penalty: 100
penalty units and imprisonment for 12 months.
Or other electronic media? Too wide and restricts freedom of speech?
Or other electronic media? Too wide and restricts freedom of speech?
(4) A person who –
(a) at any time between the publication of an election notice and the close of polling
in any electoral district prints,
publishes or distributes, or causes, permits or authorises to be printed,
published or distributed, any matter or thing that is likely to mislead or
deceive a voter in relation to the casting of a vote;
(b) at any time between the publication of an
election notice and the close of polling in any electoral district publishes or
exposes, or causes to be published or exposed, to public view any document or
writing or printed matter containing any untrue and defamatory statement in relation to the person,
character or conduct of any candidate in the election and calculated to
influence the vote of any voter; or
This will override the State Proceedings
(Amendment) Decree 2012 (No.14/12) in relation to defamation by Ministers for
that short period
(c) before,
or during an election in any electoral district, knowingly publishes any false
statement of the withdrawal of an independent or party candidate at the
election, for the purpose of promoting or procuring the election of another
candidate,
commits an
offence.
Penalty: 100
penalty units and imprisonment for 12 months.
(5) In a prosecution of a person for an offence under subsection (4)(a), it is a defence if the person proves that the person did not know, and could not reasonably be expected to have known, that the matter or thing was likely to mislead a voter in relation to the casting of a vote.
(6) In a prosecution for an offence under subsection (4)(b), it is a defence if the person proves that the person had reasonable ground for believing and did in fact believe the statement to be true.
(7) In this section –
(5) In a prosecution of a person for an offence under subsection (4)(a), it is a defence if the person proves that the person did not know, and could not reasonably be expected to have known, that the matter or thing was likely to mislead a voter in relation to the casting of a vote.
(6) In a prosecution for an offence under subsection (4)(b), it is a defence if the person proves that the person had reasonable ground for believing and did in fact believe the statement to be true.
(7) In this section –
“electoral
advertisement, handbill, pamphlet or notice” means an advertisement, handbill,
pamphlet or notice that contains electoral matter, but does not include an
advertisement in a newspaper or any other medium announcing the holding of a
meeting;
“electoral video recording” means a video recording that contains electoral
matter;
Or
other electronic media?
“publish”
includes publish by radio or television.
Or on a website/the internet?
Badges or emblems in
polling stations
EO10. A person who wears or displays in a polling
station on a polling day any badge or emblem of an independent candidate in the
election or of any political
party, commits an offence.
Penalty: 50
penalty units.
Or only a nominating party?
Campaigning prohibited
during poll
EO11. A person who on a polling day –
EO11. A person who on a polling day –
(a) in, or in view or hearing of, any public
place, holds or takes part in any
meeting, demonstration or procession having direct
or indirect reference to the poll;
Is
a e.g. a hired bus a public place? Restricts freedom of speech – omit?
(b) either
in a polling station or within 50 metres of a polling station in any way
interferes or attempts to interfere with any voter, with the intention of –
(i) canvassing
for votes for a party or independent candidate;
(ii) soliciting the vote of the voter for a party or independent candidate;
(iii) inducing the voter not to vote for a
particular party or independent candidate;
(iv) inducing the voter not to vote at the
election; or
(v) ascertaining for which party or independent candidate the voter intends to vote or has voted;
Or
only nominating parties?
(c) either
in a polling station or within 50 metres of a polling station conducts a
public opinion poll in relation to the
election; or
Exit polls OK but not within hearing of
the polling station
(d) exhibits or leaves in a polling station any card or paper containing a
direction or indication as to how any person should vote or as to the method of
voting,
commits an offence.
Penalty: 50
penalty units and to imprisonment for 3 months.
(2) Subsection (1) does not apply to an official statement or announcement made by an electoral officer or exhibited pursuant to this Decree.
(2) Subsection (1) does not apply to an official statement or announcement made by an electoral officer or exhibited pursuant to this Decree.
Power to remove
statements, etc.
EO12. (1) The returning officer or assistant returning officer for an electoral district may at any time on a polling day before the close of the poll at any polling station in that electoral district cause to be removed or obliterated or concealed –
EO12. (1) The returning officer or assistant returning officer for an electoral district may at any time on a polling day before the close of the poll at any polling station in that electoral district cause to be removed or obliterated or concealed –
(a) any
statement or other thing advising or intended or likely to influence any voter
as to the party or independent candidate for whom the voter should
or should not vote; or
(b) any
statement or other thing advising or intended or likely to influence any voter
to abstain from voting,
that is exhibited in or in view of a public place in that electoral district within 50 metres of the polling station, or in any polling station in that electoral district.
(2) The presiding officer of a polling station may in respect of that polling station, exercise similar powers as are conferred on a returning officer by subsection (1).
Disobeying lawful
directions, etc.
EO13. (1) This section applies to every polling station and counting centre.
EO13. (1) This section applies to every polling station and counting centre.
(2) A person who –
(a) while
in premises to which this section applies, disobeys a lawful direction given by
the person in charge of the premises; or
(b) enters
or remains in premises to which this section applies without the permission of
the person in charge of the premises,
commits an offence.
Penalty: 50
penalty units.
(3) Paragraph (2)(b) does not apply to –
(3) Paragraph (2)(b) does not apply to –
(a) a
person specified in section [xx];
(b) a person acting at the request of the person in
charge of the premises; or
(c) if the premises are a polling station – a voter who
is there for no longer than is reasonably necessary to vote.
(4) A reference in this section to the person in charge of premises is a reference –
(a) in
the case of a polling station – to the presiding officer; and
(b) in
the case of a counting centre – to the returning officer or a count leader.
Breaches of official
duty
EO15. An electoral officer who contravenes –
(a) a
provision of this Decree for which no other penalty is provided; or
(b) a
direction given to him or her under this Decree,
commits an offence.
Penalty: 100
penalty units.
(2) A person who is or has been an electoral officer who, directly or indirectly divulges or communicates any information with respect to the vote of a voter acquired by him or her in the performance of functions, or in the exercise of powers, under this Decree in a way that could lead to the identification of the voter, commits an offence.
(2) A person who is or has been an electoral officer who, directly or indirectly divulges or communicates any information with respect to the vote of a voter acquired by him or her in the performance of functions, or in the exercise of powers, under this Decree in a way that could lead to the identification of the voter, commits an offence.
Penalty: 100
penalty units and imprisonment for 6 months.
(3) An electoral officer who, before the close of the poll in any election, makes known the state of the poll or gives or purports to give any information by which the state of the poll may be known, commits an offence.
(3) An electoral officer who, before the close of the poll in any election, makes known the state of the poll or gives or purports to give any information by which the state of the poll may be known, commits an offence.
Penalty: 50
penalty units and imprisonment for 3 months.
See comments about not announcing result before close of all polling stations.
See comments about not announcing result before close of all polling stations.
(4) Subsection (3) does not apply to the provision of general information as to the number of voters who have voted in an election and the number who have yet to cast their vote, either in a particular polling station, or in one or more electoral districts.
(5) An electoral officer must not do any act or thing for the purpose of influencing the vote of any person.
Sanction for breach?
PART
[ED] – ELECTION DISPUTES
Role of High Court
ED1. (1) The High Court has jurisdiction –
(a)
on an election petition - to determine
whether a person has been validly
elected
as a member of Parliament;
(b)
on an application - to determine whether
the seat of a member has become
vacant.
(2) An election petition under subsection (1)(a) –
(a)
may be brought only by –
(i) a person who had a right to vote in the
election concerned;
(iii)
a person who was a candidate in that
election (whether as an independent candidate or a party candidate);
(ii)
the public officer of a nominating party
in that election; or
(iv) the Attorney General;
(b)
except if corrupt practice is alleged,
must be brought within 6 weeks of the declaration of the result under section
[xx] of this Decree.
(3) An application under subsection (1)(b) may be brought only by –
(a) a
member of Parliament;
(b) a registered voter in the electoral
district for which the member is a member;
(c) the public officer of another
nominating party if the member was a party candidate; or
(d)
the Attorney General.
(4) A determination by the High Court in proceedings under paragraph (1)(a) is final.
Form of election petition
or application
ED2. (1) An election petition or application may be presented by filing it in any registry of the High Court and must be served in the way in which a writ of summons is served or in any other manner prescribed by Rules of court.
ED2. (1) An election petition or application may be presented by filing it in any registry of the High Court and must be served in the way in which a writ of summons is served or in any other manner prescribed by Rules of court.
(2) Every election petition or application must
–
(a) set out the facts relied on to invalidate the election or declare a
vacancy;
(b) set
out those facts with sufficient particularity to identify the specific matter
or matters on which the petitioner or applicant relies as justifying the grant
of relief;
(c) contain a prayer asking for the relief the petitioner or applicant claims
to be entitled to;
(d) be
signed by the petitioner or applicant; and
(e) be filed in the registry of the court
within [xxxxx] days of the election.
Period?
(3) The member of Parliament in respect of
whom the election petition or application s brought must be a respondent to the
petition or application, and if the petition or application complains of the
conduct of a returning officer or the Supervisor of Elections, the returning
officer must also be a respondent.
(4) If the proceedings
concern the qualifications of a nominating party any of whose party candidates were awarded seats, the public
officer of the party must be made a respondent to the petition or application,
in addition to each of the members.
(5) The Supervisor of
Elections must be a respondent to every election petition or application.
Include provision for petitions re
compensatory seats?
Security for costs
ED3. (1) At
the time of filing an election petition or application the petitioner or
applicant must deposit with the court $500 as security for costs.
(2) If more than one petitioner or applicant is named on a petition or application, the court may waive the requirement of a deposit in respect of all but one of the petitioners or applicants.
(2) If more than one petitioner or applicant is named on a petition or application, the court may waive the requirement of a deposit in respect of all but one of the petitioners or applicants.
Intervention by Attorney
General or Supervisor of Elections
ED4. (1) The
Attorney General or Supervisor of Elections may file a petition disputing an
election or apply for a declaration under section [ED1].
(2) Section [ED2(2)(d)] does not apply in relation to a petition or application referred to in subsection (1) but such a petition or application must be signed for and on behalf of the Attorney General or Supervisor of Elections.
(3) Section [ED3] does not apply to an election petition or application referred to in subsection (1).
(4) The Attorney General or the Supervisor of Elections may –
(2) Section [ED2(2)(d)] does not apply in relation to a petition or application referred to in subsection (1) but such a petition or application must be signed for and on behalf of the Attorney General or Supervisor of Elections.
(3) Section [ED3] does not apply to an election petition or application referred to in subsection (1).
(4) The Attorney General or the Supervisor of Elections may –
(a) intervene
and enter an appearance in any proceedings in which the validity of any
election is disputed and in any application for a declaration ;
(b) be
represented and heard on any such intervention, in which case the Attorney
General or the Supervisor must be a respondent to the petition or application.
Requirements to be
complied with
ED5. (1) Subject
to this Decree, proceedings must not be had on an election petition or
application unless the requirements of sections [ED2 and 3] are complied with.
(2) The court may, at any time after the filing of an election petition or application, and on such terms (if any) as it thinks fit, relieve the petitioner or applicant wholly or in part from compliance with section [ED2(1)].
(3) The court must not grant relief under subsection (2) unless it is satisfied that –
(2) The court may, at any time after the filing of an election petition or application, and on such terms (if any) as it thinks fit, relieve the petitioner or applicant wholly or in part from compliance with section [ED2(1)].
(3) The court must not grant relief under subsection (2) unless it is satisfied that –
(a) in
spite of the failure of a petitioner or applicant to comply with section [ED2(1)],
the petition or application sufficiently identifies the specific matters on
which the petitioner or applicant relies; and
(b) the
grant of relief would not unreasonably prejudice the interests of another party
to the petition or application.
Powers of the court
ED6. (1) The
court must sit as an open court and its powers include the following –
(a) to adjourn;
(b) to
compel the attendance of witnesses and the production of documents;
(c) to grant to a party to an election petition leave
to inspect, in the presence of the Supervisor of Elections or an officer of the
court, the registers and other documents used at or in connection with any
election and to take, in the presence of the Supervisor of Elections or the
officer of the court, extracts from those registers and documents;
(d) to
examine witnesses on oath;
(e) to
declare that any person to whom a seat in Parliament was awarded was not entitled to the
award;
(f) to award a seat to another candidate in
the election in the same electoral district;
(g) to
declare an election to be absolutely void;
(h) to declare a seat to have been vacated
for any reason specified in the
Constitution or this Decree;
(h) to
dismiss or uphold the petition or application in whole or in part;
(i) to
award costs;
(i) to punish any contempt of its authority
by fine or imprisonment.
(2) If more election petitions than one are presented relating to the same election, the court may direct that all those petitions be dealt with as one petition.
(3) If more applications than one are made
relating to the same seat, the court may direct that all the applications be
dealt with as one application.
(4) If a petitioner or applicant withdraws, or applies to withdraw from proceedings on a petition or application, the court may permit any other person who was entitled to present the same petition or make the same application but chose not to do so to be substituted for the petitioner or applicant who withdraws.
(5) If a sole petitioner or applicant, or the sole survivor of several petitioners or applicants, dies, the court may treat the petition or application as abated and take no further action on it, unless the Attorney General or the Supervisor of Elections or both have intervened under section [ED4(4)] and one or the other wishes the proceedings on the petition or application to be heard.
(6) The court may exercise all or any of its powers under this section on such grounds as the court in its discretion thinks just and sufficient.
(4) If a petitioner or applicant withdraws, or applies to withdraw from proceedings on a petition or application, the court may permit any other person who was entitled to present the same petition or make the same application but chose not to do so to be substituted for the petitioner or applicant who withdraws.
(5) If a sole petitioner or applicant, or the sole survivor of several petitioners or applicants, dies, the court may treat the petition or application as abated and take no further action on it, unless the Attorney General or the Supervisor of Elections or both have intervened under section [ED4(4)] and one or the other wishes the proceedings on the petition or application to be heard.
(6) The court may exercise all or any of its powers under this section on such grounds as the court in its discretion thinks just and sufficient.
Evidence that person not
permitted to vote
ED7. (1) On the hearing of an election petition the court must not admit the evidence of a witness that the witness was not permitted to vote in any election unless the witness satisfies the court that –
ED7. (1) On the hearing of an election petition the court must not admit the evidence of a witness that the witness was not permitted to vote in any election unless the witness satisfies the court that –
(a) the
witness claimed to vote in the election pursuant to a provision of the
Constitution or this Decree under which he or she was entitled to vote; and
(b) the
witness complied with the requirements of the Constitution and this Decree
relating to voting by voters so far as he or she was permitted to do so.
(2) If any voter, on account of the absence or error of an electoral officer, is prevented from voting in an election, the court must not, for the purpose of determining whether the absence or error did or did not affect the result of the election, admit any evidence of the way in which the voter intended to vote in the election.
Irregularities not to
invalidate election
ED8. (1) An
election must not be declared invalid because of a failure to comply with this
Decree if the court is satisfied that the failure did not affect the result of
the election, and that the election was conducted in a manner substantially in
accordance with the requirements of the Constitution and this Decree.
(2) Without limiting the effect of subsection (1), an election must not be declared invalid only because of –
(2) Without limiting the effect of subsection (1), an election must not be declared invalid only because of –
(a) a failure to comply with the time prescribed for
doing any act;
(b) an
omission or irregularity in filling up a form prescribed or approved by or under
this Decree (other than a ballot paper);
(c) any
defect or invalidity in the appointment of an electoral officer or polling or
counting agent or any failure by any such person to sign or make a declaration;
or
(d) any
absence of, or mistake or omission or breach of duty by, an electoral officer,
whether before, during or after the polling,
if the court is satisfied that the failure, omission, irregularity, defect, invalidity, absence, mistake or breach did not affect the result of the election, and that the election was conducted in a manner substantially in accordance with the provisions of the Constitution and this Decree.
Voiding election for
illegal practices, etc.
ED9. (1) If
the court finds that a person to whom a seat was awarded, or some other
person with the knowledge and consent of the person to whom the seat was
awarded, has committed or has attempted to commit a corrupt practice, the award
of the seat to that person must be declared void.
(2) The court may not declare that any person
to whom a seat was awarded should not have had the seat awarded, or declare any
election to be void –
(a) on
the ground of any illegal practice committed by a person other than the person to whom the
seat was awarded and without the knowledge and consent
of the person; or
(b) on
the ground of any illegal practice other than a corrupt practice,
unless the court
is satisfied that the result of the election was likely to be affected, and
that it is just that there should be a declaration that the seat should not
have been awarded to that person, or that the election should be declared void.
(3) A finding by the court in respect of any
conduct or matter does not bar or prejudice any prosecution for an illegal
practice in respect of the same conduct or matter.
Disposal of petition or
application
ED10. (1) The
court must give its decision and make an order on a petition or application as
soon as practicable.
(2) Effect must be given to decisions of the
court as follows –
(a)
if
an independent candidate is declared not to have been duly elected, the
person must be removed from Parliament and the seat awarded to the independent candidate or nominating party with the next
highest number of votes; if it is a party, the seat must be awarded to the next
candidate on that party’s list;
What if none?
(b)
if a party candidate is
declared not to have been duly elected (whether for personal conduct or for
lack of qualification) the candidate must be removed and the next highest
ranking candidate on the same party list (and not awarded a seat) must be
declared elected;
What if there are no more on the list?
(c)
if a party is declared
not to be entitled to be awarded any seats, because of conduct by the party or
lack of qualification, all the party candidates of that party who were awarded
a seat must be removed and the seats
must be awarded to independent candidates and other nominating parties as if
the first-mentioned party had not taken part in the election
What of knock-on effect on compensatory
seats awarded after a defective election?
(d) if
the court finds that a person who was an independent candidate but not awarded
a seat should have been awarded a seat in place of another candidate (whether
an independent or party candidate) the person may take his or her place in the Parliament,
in place of that other candidate;
(e) if
any election is declared wholly void in respect of any electoral district, a
new election must be held for that electoral district.
Copies of petition or
application and order of court to be sent
ED11. The Registrar of the court must as soon as
possible after the filing of an election petition or application forward to the
Speaker, to the Attorney General, if he or she is not a petitioner, and to the Supervisor
of Elections a copy of the petition or application, and, after the hearing of
the petition or application must forward to each of them a copy of the decision
and order of the court.
Costs
ED12. (1) Subject to this section, the costs of and incidental to proceedings under this Part must be defrayed by the parties to the proceedings in a manner and in proportions the court determines.
ED12. (1) Subject to this section, the costs of and incidental to proceedings under this Part must be defrayed by the parties to the proceedings in a manner and in proportions the court determines.
(2) Any costs that in the opinion of the court
have been caused by vexatious conduct, unfounded allegations or unfounded
objections on the part either of the petitioner or applicant or of any
respondent, and any needless expenses incurred or caused on the part of the
petitioner or applicant or a respondent, may be ordered to be defrayed by the
parties by whom they were caused or incurred, whether those parties are or are
not on the whole successful.
(3) If on the hearing of an election
petition or application the court finds that a person has committed any illegal
practice, the court may, after giving that person an opportunity of making a
statement to show why the order should not be made, order the whole or any part
of the costs of or incidental to the proceedings before the court to be paid by
that person to such other person or persons as the court thinks fit.
(4) All costs ordered to be paid under this section may be recovered as a debt due by the person by whom they are ordered to be paid to the person or persons to whom they are ordered to be paid.
(4) All costs ordered to be paid under this section may be recovered as a debt due by the person by whom they are ordered to be paid to the person or persons to whom they are ordered to be paid.
(5) If costs are awarded to any party
against the petitioner or applicant, the deposit made by the petitioner or
applicant under section [ED3] must be applied towards payment of the costs, but
otherwise the deposit must be repaid to the petitioner or applicant, as the
case may be.
Withdrawal of petition
or application
ED13. (1) An election petition or application may not be withdrawn without the leave of the court.
ED13. (1) An election petition or application may not be withdrawn without the leave of the court.
Because
it is a matter of public concern, not a private dispute
(2) If there are more petitioners or applicants than one, an application to withdraw the petition or application may not be made except with the consent of all the petitioners or applicants.
(3) If an election petition is withdrawn, the petitioner is liable to pay the costs of the respondent.
(4) On the withdrawal of an election petition, notice of the withdrawal must be given by the Registrar of the court in the Gazette and in other appropriate media.
(2) If there are more petitioners or applicants than one, an application to withdraw the petition or application may not be made except with the consent of all the petitioners or applicants.
(3) If an election petition is withdrawn, the petitioner is liable to pay the costs of the respondent.
(4) On the withdrawal of an election petition, notice of the withdrawal must be given by the Registrar of the court in the Gazette and in other appropriate media.
Rules of court
ED20. (1) The Chief Justice may make Rules of Court, not inconsistent with this Part or the Constitution, to give effect to this Part and, in particular, for regulating the practice and procedure of the court, the forms to be used and the fees to be paid by parties in proceedings on an election petition or application.
ED20. (1) The Chief Justice may make Rules of Court, not inconsistent with this Part or the Constitution, to give effect to this Part and, in particular, for regulating the practice and procedure of the court, the forms to be used and the fees to be paid by parties in proceedings on an election petition or application.
(2) Until Rules of Court are made pursuant to subsection (1), the Rules of the High Court applicable to ordinary civil actions apply, with all necessary changes, for the purposes of this Part.
PART
[Misc] – MISCELLANEOUS
Power to destroy records
Misc1. If –
Misc1. If –
(a) the
Supervisor of Elections considers that records held by it, being –
(i)
applications
for registration as voters; or
(ii)
other
applications or forms completed under this Decree,
are no longer required; and
(b) 2
general elections have taken place since those records were made,
the Supervisor
of Elections may destroy those records or cause them to be destroyed.
Extension of time for
election
Misc2. (1) Despite any other
provision of this Decree, the Supervisor of Elections, by notice published in
the Gazette and in other appropriate media, may extend the time for the receipt of nominations in
any electoral district, for holding the election or for reporting the result in that electoral district, in order
to overcome any difficulty that might otherwise interfere with the due course
of the election.
Is this within the Constitution? See the Supervisor’s powers to fix the date, as above
Is this within the Constitution? See the Supervisor’s powers to fix the date, as above
(2) A notice under subsection (1) may be
given before or after the day appointed for the election.
(3) Upon the publication of a notice under subsection (1), the Supervisor of Elections must immediately give public notice in the electoral district for which the election is to be held of any extension of time under that subsection.
(3) Upon the publication of a notice under subsection (1), the Supervisor of Elections must immediately give public notice in the electoral district for which the election is to be held of any extension of time under that subsection.
Regulations
Misc3.
(1) The Supervisor of
Elections may make regulations not inconsistent with the Constitution and this
Decree prescribing all matters required or permitted by this Decree to be
prescribed, or necessary or convenient to be prescribed for carrying out or
giving effect to this Decree.
(2) Without limiting subsection (1) the
regulations may limit the amounts that any independent candidate or
any nominating party is allowed to spend in the promotion of an independent
candidate, or a nominating party and any of its party candidates, before or
during an election.
And
the sources of funding for elections?
Will
there be a Code of Election Conduct?
_________________
SCHEDULE
1
(Section [EC3])
ALLOCATION OF SEATS
___________________
SCHEDULE
2
(Section [CE14(2)])
(Section [CE14(2)])
FORM OF BALLOT PAPER
ELECTION FOR PARLIAMENT OF FIJI
ELECTORAL
DISTRICT………………..
Date of
election …………….
Place a mark
in one of these boxes to indicate which party or independent candidate you wish to vote for
|
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Party A
|
*
|
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Party B
|
+
|
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Party C
|
X
|
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Independent
candidate
|
0
|
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__________________________
Proxy
voting?
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