PARLIAMENT should not amend a complicated criminal framework through fragmented textual substitution, Centre for Democracy and Dialogue (CDD) chief executive officer Nilesh Lal says.
Making submissions to the Standing Committee on Justice, Law and Human Rights on the proposed electoral Bills, Mr Lal said there was a drafting problem with proposed Section 135A because it applied to “any person”, which could include political parties and other legal entities.
He said the provision included imprisonment and automatic disqualification from the National Register of Voters.
“A political party cannot be imprisoned,” Mr Lal said.
“A company cannot be removed from the National Register of Voters because it was never a voter.”
He also questioned how proposed Section 135A would interact with existing Section 151, which already provides for electoral disqualification.
“Parliament should make clear how these regimes interact.”
Mr Lal said CDD recommended a consolidated offence schedule outlining prohibited conduct, required intention or knowledge, offence categories and penalties.
“This would provide greater clarity for citizens, candidates, political parties, the Fijian Elections Office, enforcement authorities and the courts.”
