The Electoral Commission says it is still verifying whether all records seized during a Fiji Independent Commission Against Corruption (FICAC) investigation in 2024 were returned, as it continues to deal with the impact the seizure had on its operations.
Appearing before the Standing Committee on Justice, Law and Human Rights while presenting the Commission’s 2023 and 2024 annual reports, Electoral Commission Chair Justice Usaia Ratuvili said he is working with staff who were employed at the time of the investigation to determine whether all documents taken under warrant were returned.
The investigation took place in September 2024.
Justice Ratuvili said the Commission faced a number of challenges in 2024, including the seizure of records under warrant, the absence of a substantive chairperson for part of the year, funding pressures and secretariat capacity issues.
He told the committee the seizure of records and office equipment had a significant operational impact on the Commission, limiting access to official documents, creating administrative and record-keeping difficulties and contributing to delays in annual reporting.
The committee heard that the Commission was required to hold meetings at alternative locations while records remained in FICAC’s possession.
Justice Ratuvili said no charges were laid against any commissioner following the investigation. He said the Director of Public Prosecutions later determined there was insufficient evidence to proceed with the matter.
The committee also questioned the Commission about reports of confidential information being disclosed publicly.
Justice Ratuvili said that under previous Commission memberships, details of closed meetings frequently appeared on Facebook shortly after decisions had been made.
When asked whether those incidents had been investigated, he said the matters had been reported but no individual had been identified or held accountable.
He told the committee that previous governance arrangements had relied heavily on individual relationships rather than institutional processes, which contributed to difficulties when disagreements arose between members.
The committee also heard details of a separate challenge faced by the Commission in 2023 when the terms of four commissioners expired at the same time.
Without the constitutionally required quorum of four members, the Commission was unable to conduct formal business or make official decisions for several months.
Justice Ratuvili said routine functions of the Fijian Elections Office continued during that period under the Supervisor of Elections, but decisions requiring Commission approval could not progress.
The Electoral Commission has since recommended that future appointments be staggered to prevent all commissioners’ terms expiring simultaneously.
It is also proposing that commissioners’ three-year terms be aligned with Fiji’s four-year electoral cycle to strengthen continuity before and after general elections.
Justice Ratuvili said the Commission is implementing a number of measures aimed at strengthening governance and preserving institutional knowledge.
These include reconstructing records where necessary, establishing duplicate digital repositories, strengthening controls over confidential information and introducing document classification, access controls and audit processes for sensitive material.
He said the Commission had also finalised formal regulations and standard operating procedures following a recent retreat, providing future commissioners with an established framework for carrying out their duties.
The Commission further recommended stronger continuity measures, including formal handover notes, action registers, meeting calendars and an adequately resourced secretariat.
