Constitutional lawyer Jon Apted has raised significant concerns regarding the electoral framework in Fiji, particularly focusing on Section 53 of the Constitution, which he describes as “extremely problematic.” During a session titled “Where to from here? A Constitution for the people by the people” at the Attorney-General’s Conference in Nadi, Apted elaborated on the implications of Fiji’s multi-member open-list system of proportional representation, which he argues effectively turns the country into a singular constituency, with the entire populace voting on national representatives.
Apted contended that this arrangement undermines local representation, leaving communities without dedicated Members of Parliament (MPs) to advocate for their specific needs and interests. He pointed out that, under the current system, candidates tend to concentrate their efforts in areas with larger populations, consequently neglecting smaller communities.
The lawyer further noted that the existing electoral structure poses challenges for independent candidates, citing an unrealistic threshold for their participation. When by-elections occur due to the resignation or disqualification of an independent candidate, the election process encompasses the entire country, which he described as prohibitively expensive.
Apted asserted that this system creates an environment where votes are consolidated around party leaders, resulting in MPs who may hold their positions with relatively low voter support. He illustrated this concern by mentioning that some MPs, who may have received as few as 600 to 1,000 votes, occupy influential roles in Parliament, which raises questions about their legitimacy in representing the populace.
Additionally, he critiqued the constitutional foundation of the single-constituency structure, stating that while Section 53 suggests a national framework, it does not explicitly mandate it. He highlighted the absence of constitutional authority to delineate electoral boundaries.
While the issues highlighted by Apted present significant challenges, they also offer an opportunity for reform in Fiji’s electoral system. By addressing these flaws, there is the potential to create a more representative and responsive government that better serves the diverse interests of all citizens.
In summary, the concerns raised by Apted underscore the importance of re-evaluating Fiji’s electoral mechanisms to enhance local representation and ensure a fairer democratic process for all voters.
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