The Electoral Commission (ECF) sent six formal letters to the Constitutional Officers Commission, wanting “meaningful consultation” on the appointment of the Supervisor of Elections (SoE).
This was the testimony of ECF member, Dr. Atu Emberson Bain to the Commission of Inquiry, who also testified that they did not receive any response to their correspondence.
“Between August 2023 and April 2024, while Ms. Mataiciwa was Acting SoE and the COC was considering her for the substantive role, the ECF discussed this issue frequently. At least six formal letters were sent to the COC asserting the ECF’s right to be consulted,” the CoI report quotes Dr Bain as testifying.
“No response was received to these letters until 4 January 2025, when the ECF was provided with the COC Selection Panel Report, along with a seven-day deadline for feedback.”
“In response, on 11 January 2025, the ECF sent a further letter describing the recruitment process as “seriously flawed and lacking credibility,” and recommended that the process be restarted.”
“No reply was received to this correspondence either.”
Dr Bain also recalled Barbara Malimali had written a letter April 2 to the Constitutional Officers Commission opposing the appointment of Ms Mataiciwa as SoE.
“She stated that Ms. Malimali’s proposals were within her mandate as Chair and aligned with the ECF’s constitutional obligation to be consulted.”
“She accused Ms. Mataiciwa of non-compliance with ECF directives and cited, in particular, a unilateral relocation of the ECF’s offices by the SoE that allegedly caused operational disruption and raised confidentiality and security concerns.”
“Dr. Emberson-Bain referenced Ms. Mataiciwa’s affidavit, which alleged that certain ECF directives were unlawful. She testified that this belief was never formally communicated to the ECF.”
