The Political Parties (Registration, Conduct, Funding and Disclosures) Amendment Bill gives power to the Electoral Commission and not the High Court to preside over any appeals political parties may wish to make against rulings by the registrar of political parties.
This was the view expressed by National Federation Party leader Professor Biman Prasad while speaking on the amendment before the parliamentary Standing Committee on Justice, Law and Human Rights recently.
He said it was “a gross miscarriage of natural justice” because the registrar of political parties was also the supervisor of elections and secretary to the Electoral Commission.
Prof Prasad claimed in their past dealings with the Electoral Commission, there had never been a punitive stand against the ruling FijiFirst party.
“Frankly, we have no confidence in their ability to mete our justice fairly where our appeals are concerned,” he said.
“The High Court must remain as the judicial mechanism for redress, just as it is for every other constitutional independent institution. “One man cannot have such an excessive concentration of power.”
The NFP leader said the new section on dispute between parties on any campaign issue to be presided over by the Electoral Commission was “farcical and completely contrary to the norms of natural justice”.
“It merely gives rise to frivolous and vexatious sub-campaigns that are not a lawful credible tribunal, that will serve to distract political parties from speaking to the electorate directly on policy and legislative changes they need, and draw parties into mindless debates and paper-wars.
“There is no such need for this clause; if there are issues, the High Court should be the only lawful mechanism for redress.”
