Fiji Law Society president Graham Leung has warned against attempts to place Electoral Commission decisions beyond judicial scrutiny, saying all public authorities must remain accountable under the law.
Mr Leung raised concerns over the insertion of section 115(2C) into the Electoral Act 2014, which the Society says seeks to make certain Electoral Commission decisions final and immune from further appeal or review by courts, tribunals or other adjudicating bodies.
“The right to challenge unlawful administrative action is an important safeguard against the arbitrary exercise of public power. Any weakening of that right is a concern,” Mr Leung said.
The Society said the amendment was not a minor procedural change but raised serious constitutional questions about the rule of law and the protection of fundamental rights.
It pointed to section 16 of the Constitution, which guarantees executive and administrative justice and requires administrative decisions to be lawful, rational, proportionate and procedurally fair.
The FLS said while Parliament could regulate statutory rights of appeal, attempts to exclude judicial scrutiny of administrative decisions altogether raised serious constitutional concerns.
It stressed that the independence of the Electoral Commission was fundamental to electoral integrity but should not be confused with immunity from judicial oversight.
“The rule of law requires that all public authorities exercise their powers within the limits prescribed by law and remain accountable for decisions that may infringe constitutional rights,” the Society stated.
Mr Leung also called on the Government to explain why restrictions on civil society organisations under section 115 had been extended across the entire election campaign period.
The Society questioned what shortcomings in the previous framework justified the changes and whether more narrowly targeted measures could address concerns about foreign electoral interference.
It also demanded an explanation for attempts to exclude further judicial review of certain Electoral Commission decisions, particularly where constitutional freedoms could be affected.
The FLS called for reconsideration of the amendments and urged the Government to ensure electoral laws did not unnecessarily restrict independent voter education, public-interest advocacy, electoral research and democratic dialogue.
It also called for judicial review to be preserved as an essential safeguard of legality and constitutional accountability.
“An election cannot be considered genuinely free merely because citizens are permitted to cast ballots. Citizens must also be free to receive information, participate in public discussion, examine electoral issues and scrutinise those seeking public office,” the Society stated.
“The integrity of elections depends as much on the protection of these freedoms as it does on the integrity of the ballot itself. The law should protect both.”
