The Electoral Commission and the Fijian Elections Office have recommended that people who rely on constitutional immunity for coup-related actions should be permanently barred from contesting elections.
In their joint submission to the Constitution Review Commission, the Commissioners said candidates benefiting from coup-related constitutional immunity should not be eligible to stand for public office.
“The Commissioners recommended that any person who relies on coup-related constitutional immunity be permanently disqualified from standing as a candidate.”
However, the submission acknowledges that the Electoral Commission does not have the authority to make such a change and says the matter must be decided through constitutional reform.
“The Commission considers this question to fall outside its administrative mandate and defers to the Commission of Review.”
The submission also notes that the Supreme Court, in its 2025 advisory opinion, deliberately left the constitutional immunity provisions untouched.
“It notes that the Supreme Court, in its 2025 advisory opinion, declined to disturb the immunity and transitional provisions preserved by the Constitution.”
The Commission says the interaction between candidate eligibility and constitutional immunity is ultimately a matter for constitutional policymakers.
“The interaction between candidate disqualification and those provisions is a matter of constitutional policy for the Commission of Review and Parliament.”
The recommendation forms part of the Electoral Commission and the Fijian Elections Office’s submissions to the Constitution Review Commission as it considers possible reforms to Fiji’s constitutional framework.
