Former chief justice Daniel Fatiaki has described the electoral system under the 2013 Constitution as ridiculous and almost unintelligible.
He said this electoral system, which was imported and imposed under the 2013 Constitution needed to be completely overhauled and replaced.
“Who ever thought our nation of almost one million citizens with its two large islands and four smaller ones, four maritime island groups, and more than 200 other islands could be straitjacketed into a single all-embracing constituency?
“What genius removed the previous 50-odd constituencies, each with its representative MP(s), and replaced them with MPs who apparently represent no-one and everyone at the same time, so we are told?
“Why have political parties become more important than individual MPs who owe their allegiance only to their party leaders for their election and continued survival in Parliament?
“Where is the fairness and voter equality of an electoral system that allows MPs with a few hundred votes to enter Parliament ahead of other more representative and deserving candidates who received thousands of votes?”
Mr Fatiaki said the provisions of Chapter 11 that imposes the almost impossible referendum requirement leads to a conundrum.
“Theoretically, this can mean that, on a roll of 100,000 voters, the required majority under Chapter 11 is: 75,000+1 votes — even if only 85,000 voters turned out to vote in the referendum and 88 per cent (or 74,800) actually voted in favour of the amendment, it would still not pass.”


