New terms and conditions set for political parties
New terms and conditions set for political parties
By
fijivillage.com
Wednesday 16/01/2013
New terms and conditions have been set in the new Political Parties Registration, Conduct, Funding and Disclosure Decree which restricts public officers including union executives from starting off a party and political party funding restrictions for all organizations including companies, unions and NGOs.
Attorney General and Minister for Elections Aiyaz Sayed-Khaiyum said all new and existing political parties need to register as a party under the decree which commences from this Friday.
All parties must register and if they do not, then they commit an offence under the new decree.
The proposed parties should have non-discriminatory policies.
A person who has been convicted for an offence for a period of six months or more in the last five years cannot be a party official when the new decree comes into effect.
Sayed-Khaiyum said the 16 existing political parties have been given 28 days to re-register from this Friday however they need to meet various terms and conditions set out in the decree.
The name of the proposed political party should be in the English language, 5 people have to make the application to register the party and they need 5,000 members to meet the criteria.
Previously only 180 members were needed to form a political party.
From the 5,000 members, the proposed party must have 2,000 members from the Central Division, 1,750 from the Western Division, 1,000 from the North and 250 from the Eastern Division.
The party should also have a branch office in each division.
The registration fee has been set at $5,005.
Sayed-Khaiyum said the restrictions for public officers have been set after much consideration.
“A public officer is somebody who is a member of a statutory body or a commission or a board established.
For example, if I’m a board member of AFL, I cannot be an applicant for a political party nor can I be a member of the original members of the 5,000, nor can I be a judge or a magistrate.
Nor can I be holding any office in the public service including the Fiji Police Force, the Fiji Corrections Services and the Republic of the Fiji Military Forces.
Nor for that matter can I be an official of a trade union and at the same time hold the office of a political party.
For example, if I’m a general secretary of a trade union, I also cannot be an official of a political party at the same time.
I can choose, I can be one or I can be the other.
Now as you know a public officer does not mean the President, the Prime Minister or a Minister.”
Political parties are required to keep records of its contributions and donations, register of members and its constitution.
They need to have their accounts audited and published every year.
Sayed-Khaiyum said only individuals can make donations to a political party and should not exceed $10,000 in a year.
If the political party accepts more than this amount from an individual, it means that the party and the individual will commit an offence.
The source of funds of a party shall only be from membership fees, voluntary contributions, donations and grants from a lawful source but not from a foreign government, inter governmental or nongovernmental organizations.
It needs to be disclosed to the Registrar of the Political Parties.
This will also apply to independent candidates.
Sayed-Khaiyum said no company or trade union can make a donation to a political party.
Companies cannot provide any goods and services to the party and cannot assist in the funding of any party advertisements.
The CEO or General Secretary of an Employers Federation also cannot be an official or member of a political party.
The decree also clearly states that any person who will contest the elections must declare their assets and liabilities publicly.
They must give the total assets they have in Fiji or abroad, total income, business transactions and any gifts they may have received.
This also applies for all party officials.
A new Code of Conduct of Political Parties has also been set out.
The party should also have non-discriminatory policies.
A person who has been convicted for an offence for a period of six months or more in the last five years cannot be a party official when the new decree comes into effect.
There are many implications for current political parties.
Out of the 16, some are already defunct and do not have any offices and active members.
Some of the conditions the Soqosoqo Duavata Ni Lewenivanua or SDL Party has to change are its name as parties can only have names in the English language and its party leader Laisenia Qarase can no longer hold the position if the party does apply for re-registration.
The Fiji Labour Party and the National Federation Party will also have issues with some people holding union executive posts and party executive positions.
They also need 5,000 members who are not public officers and 5 applicants within 28 days from Friday.
The Registrar of Political Parties will be the Permanent Secretary for Elections Mere Vuniwaqa.
Assessments of the applications will be made and the Registrar needs to advertise the names of the applicants and members.
If the Registrar decides not to register the party, the proposed party can appeal the decision in the High Court which is the Court of Disputed Returns.
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