Fiji’s Electoral (Local Government Elections) Regulations 2025 introduce a comprehensive framework targeting electoral offences, emphasizing both individual accountability and collective responsibility. Under these regulations, not only individuals who breach electoral rules face penalties, but also those who support or facilitate such actions, thereby broadening the scope of enforcement.
The regulations stipulate that anyone who aids, abets, counsels, procures, or is in any way involved in a breach will be treated as if they committed the offence themselves. This extends the liability to political parties as well; if an unlawful action is conducted with the endorsement of a party’s registered officer or executive body, that party can be held accountable for the infraction.
Penalties are categorized into two distinct groups: Category A and Category B offences. Category A offences attract the heaviest penalties, with fines reaching up to $50,000 for political parties, $10,000 for candidates or their polling agents, and $5,000 for other individuals implicated. A crucial consequence of a Category A offence is the disqualification from registering on the National Register of Voters for a period of four years, a significant deterrent to unlawful activity.
On the other hand, Category B offences incur lighter penalties, with fines of up to $1,000 for political parties, $500 for candidates, and $200 for other involved parties. The regulations also afford courts some discretion; individuals charged with a Category A offence may be convicted of a Category B offence depending on the circumstances surrounding the case.
The regulations broadly define a “person” to encapsulate organizations and their office holders, which ensures comprehensive coverage. For political parties, this extends to registered officers and office bearers, and similarly, directors and senior officials of companies and NGOs can be implicated, particularly when there is evidence of leadership involvement. Furthermore, media organizations are also caught under this framework, as liability can extend to directors, editors, and publishers.
This proactive legal framework aims to foster a more transparent and fair electoral process in Fiji, promoting accountability among all parties involved. The clear delineation of responsibilities and consequences is expected to deter electoral misconduct and enhance the integrity of local government elections.
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