Supervisor of Elections Ana Mataiciwa testified she felt the Electoral Commission of Fiji (ECF) was “increasingly obstructive and politicized”.
This is stated in the Commission of Inquiry report released on Tuesday.
She testified that on June 13, 2024, she received a directive from the ECF instructing her to inform individuals of complaints made against them and table all complaints with the ECF before taking further action, including referring matters to FICAC.
Ms Mataiciwa believed the directive was unlawful and conflicted with her mandatory duty under the Electoral Act, which obliges the SoE to immediately refer probable breaches of election-related offences to FICAC immediately.
“Faced with the directive, Ms. Mataiciwa sought internal and external legal advice,” the CoI report quotes Ms Mataiciwa as testifying.
“The verbal advice confirmed her understanding that the directive from the ECF was inconsistent with the Electoral Act and should not be followed.”
“Based on this legal guidance, Ms. Mataiciwa did not comply with the Commission’s instruction and continued to refer complaints directly to FICAC as required under law.”
“Ms. Mataiciwa described a breakdown in the relationship between her office and the ECF. Tensions escalated after she reported complaints against senior figures, including those perceived to be close to members of the ECF.”
“She described the ECF’s behaviour as increasingly obstructive and politicized, particularly after she refused to comply with their 13 June Directive and continued her statutory duties independently.”
