Constitutional lawyer Jon Apted has raised significant concerns regarding Fiji’s electoral system, particularly focusing on the implications of Section 53 of the Constitution. During the “Where to from here? A Constitution for the people by the people” session at the Attorney-General’s Conference in Nadi, Apted described Section 53’s requirement for a multi-member open-list system of proportional representation as “extremely problematic.”
This provision has led to the interpretation that Fiji operates as a singular constituency, meaning the entire electorate votes collectively for Parliament members. Apted contended that this approach undermines local representation, stating that community members lack a designated Member of Parliament (MP) to advocate for their interests. He emphasized that without local representation, candidates are likely to prioritize areas with higher populations, further marginalizing smaller communities.
Furthermore, Apted pointed out the challenges faced by independent candidates within this framework, citing an impractical threshold for gaining representation. He highlighted that in the event of a by-election due to an independent candidate’s resignation or disqualification, the electoral process would necessitate voting across the entire country, which he noted is a costly undertaking.
The lawyer explained that this electoral system centralizes political power among party leaders, leading to instances where MPs can be elected with alarmingly low vote counts—some receiving as few as 600 votes. This has led to public skepticism about their legitimacy, with constituents questioning the authority of representatives who do not command a broader support base.
Apted also criticized the constitutional foundations of the current electoral system, arguing that while Section 53 implies a unified constituency, it does not explicitly mandate one. He noted that the Constitution lacks provisions for dividing the country into geographical boundaries, and that protocols for addressing vacancies lean toward a national list rather than local constituencies.
In light of these observations, there is hope that discussions surrounding Fiji’s electoral system will prompt meaningful reforms aimed at enhancing local representation and ensuring that every citizen’s voice is adequately heard in Parliament. This dialogue might pave the way for a more representative democracy that can genuinely reflect the interests and needs of diverse communities throughout Fiji.

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