Lynda Tabuya has today asked where is the justice in the process after raising concerns on the way the Fiji First General Secretary, Aiyaz Sayed-Khaiyum and Supervisor of Elections, Mohammed Saneem have handled the Rock The Vote Fiji complaint.
Tabuya says Saneem issued a press release on Thursday 22nd September, as well as on their FEO Facebook page, stating that the FEO refers the Rock the Vote Fiji organisation to FICAC for breach of the Political Parties, Registration, Conduct, Funding and Disclosures Act.
Tabuya says yesterday morning 23rd September at 11am, she received an email with a letter from the Supervisor of Elections, with a list of questions regarding Rock the Vote Fiji and the COVID-19 Maternity Fund.
She says she is confused as to what the Supervisor of Elections is doing.
Tabuya says he stated in the media release that he referred the matter to FICAC, and yet in his letter to her had no mention of this but the SOE is seeking answers to questions.
She says she will be writing back to the Supervisor to ask him, has he or has he not referred this matter to FICAC.
Tabuya says that will then determine her next steps legally and she will not be discussing further or answering questions on the substance of the allegations made.
She also says she received the letter from the Supervisor seeking answers to questions regarding the complaint after Sayed-Khaiyum publicly displayed the complaint, the Supervisor of Elections publicly displayed the complaint and then referred the matter to FICAC.
She says that was the first time she was ever contacted by the Fijian Elections Office about the complaint seeking information on Rock the Vote Fiji and the COVID-19 Maternity Fund.
She expresses her shock and disgust at the way Sayed-Khaiyum has so publicly displayed the complaints to the media and how the Supervisor of Elections responded publicly to the media, and she is the last person to be informed of the complaints.
Tabuya says if she is being implicated of a crime, where is her right guaranteed in the Bill of Rights in the 2013 Constitution to allow her due process of the law, natural justice, the opportunity to be first heard and where is the respect for the rule of law and democracy.
Rock the Vote Fiji referred to FICAC
We have found that this organization breaches the Political Parties Act - Saneem
The Fijian Elections Office has referred Rock the Vote Fiji to FICAC, and Supervisor of Elections, Mohammed Saneem says they have found that the organization breaches the Political Parties (Registration, Conduct, Funding & Disclosures) Act.
The FEO says from their assessment, based on Rock The Vote Fiji Facebook accounts, the organization purely exists to promote the election of Lynda Tabuya and other representatives of The People’s Alliance.
Supervisor of Elections, Mohammed Saneem says it is also not clear as to who are the executives of the organization and even more unclear is the management practices of this organization.
The FEO say the organization has organized numerous sporting activities, hired buses and sold merchandise to individuals.
Saneem says they have definitely earned thousands of dollars from donations and fundraising and all of it is purely for political purposes.
The FEO states that the electoral legal framework requires that all donations to political parties and their candidates are declared.
It says in this case, it is noted that senior officials of The People’s Alliance have actively participated by either donating money or hosting events via this organization.
The FEO is concerned that Rock the Vote has been created to by-pass key electoral laws that protect Fijians from unfair campaign practices as well as to protect political parties in terms of a level playing field.
According to section 2 of the Political Parties Act, the definition of political party means an association of persons or an organization, the object or activity, or one of the objects or activities of which is, the promotion of the election to Parliament of a candidate or candidates endorsed by it.
The FEO further notes that since its inception, Rock the Vote Fiji has been promoting Lynda Tabuya and the activities of The People’s Alliance extensively.
Saneem says that speaking from the records of the organization from Facebook, it appears to be as if it is another political party itself.
He says it is clearly not registered as a political party.
The FEO states that section 3(2) of the Act states that if any association of persons or an organization operate, function, represent or hold itself out to be a political party without being registered in accordance with the provisions of the Act, then any person who is a member of or holds office in any such association or organization commits an offence and shall be liable upon conviction to a fine not exceeding $50,000 or to a term of imprisonment not exceeding 5 years or to both.
We have sent questions to The People’s Alliance on Rock The Vote Fiji.
