The Electoral Commission and Supervisor of Elections are mandated by law to immediately report any probable breach of the Electoral Act to the Fiji Independent Commission Against Corruption (FICAC), says Fiji Labour Party leader Mahendra Chaudhry.
He was responding to SOE Mohammed Saneem’s “madness and theatrics” comment at the call by Opposition political parties that he report the FijiFirst party to FICAC for an alleged breach of the Electoral Act in relation to the FFP banner that was displayed on the Suva City Council car park building.
Mr Chaudhry called on the commission and SOE to follow the law as they had no discretionary powers not to report the FFP to FICAC.
“I draw their attention to the very specific provision in section 18 of the Electoral Act which clearly requires that they “immediately report in writing to FICAC any probable election-related criminal offence, including any criminal offence prescribed in the Act,” the former prime minister said.
“The law is absolutely clear and neither the commission nor the supervisor is allowed any discretionary authority under it. They must immediately report any probable breach in writing to FICAC.
“The unlawful display of the banner was an alleged offence committed under s112(3) of the Act for which, upon conviction, a person is liable to a fine not exceeding $10,000 or a term of imprisonment not exceeding five years, or both.”
He said the fact that the SOE himself the removal of the banner was acknowledgment an offence had allegedly been committed.
“Under s152 (1) (a) a person who contravenes any section of the Electoral Act includes, in the case of a political party, the registered officer and office holders of the political party.”
