A leading local academic has called on the Electoral Law Reform Commission to review and modernise the definition of “unsound mind” in Fiji’s electoral laws.
University of Fiji vice chancellor Professor Shaista Shameem warns that outdated language can lead to unfair voter exclusions.
Speaking during public consultations on the Electoral Act 2014 review at the Pasifika Community University yesterday, Prof Shameem said the 2013 Constitution’s reference to disqualifying individuals of “unsound mind” from voting lacked clarity and required legal refinement.
“I informed the commission that there are several pieces of legislation concerning the right of persons deemed of ‘unsound mind’ to vote,” Prof Shameem said.
“Rather than making a blanket decision on what constitutes an unsound mind, the commission should examine the relevant laws that address this.”
She said the constitution referred to the category, but did not define it leaving its interpretation dependent on legislation that may no longer be fit for purpose.
“There has to be one law because the constitution refers to it.”
“Some people are temporarily mentally unstable, or we don’t even know why they’d be defined as such so it would be unfair to exclude people just on that basis.”
Prof Shameem stressed that any restriction on voting rights must be based on clear, updated legal definitions to avoid arbitrary disenfranchisement.
