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Question Value
1. Is there a ban on donations from foreign interests to political parties?
  • CodeYes
  • Comment

    S21(1)(b)  of the Political Parties Act 2013 prohits political parties from sourcing funds from  a foreign government, intergovernmental or non-governmental organisation. In addition, s22(3) makes it an offence for any person who is a Fijian citizen or a former Fijian citizen to make any political donation to a political party. 

  • Source

    Section 21 (1) (b) and s22(3) , Political Parties (Registration, Conduct, Funding & Disclosures) Act 2013, amended in 2021

2. Is there a ban on donations from foreign interests to candidates?
  • CodeYes
  • Comment

    S21(2)  of the Political Parties Act 2013 prohits(independent ) election candidates from sourcing funds from  a foreign government, intergovernmental or non-governmental organisation. In addition, s22(3) makes it an offence for any person who is a Fijian citizen or a former Fijian citizen to make any political donation to an election candidate. 

  • Source

    Section 21(2) and s22(3),  Political Parties (Registration, Conduct, Funding & Disclosures) Act 2013, amended in 2021

3. Is there a ban on corporate donations to political parties?
  • CodeYes
  • Comment

    Corporate donations to political parties are unlawful, pursuant to s22 of the Political Parties Act. 

  • Source

    22 (8) It shall be unlawful for any—
    (a)political party;
    (b)office holder of a political party;
    (c)candidate for election to Parliament; or
    (d)agent, campaigner or servant of a political party or candidate for election to Parliament,
    to accept any political donation from a company, a body corporate or any other entity.

    (9) It shall be unlawful for any company, body corporate or any other entity to make any political donation to any—
    (a)political party;
    (b)office holder of a political party;
    (c)candidate for election to Parliament; or
    (d)agent, campaigner or servant of a political party or candidate for election to Parliament.
    (10) It shall be unlawful for any company, body corporate or any other entity to make any payment or contribution to any individual for the purpose of that individual making a political donation to any—
    (a)political party;
    (b)office holder of a political party;
    (c)candidate for election to Parliament; or
    (d)agent, campaigner or servant of a political party or candidate for election to Parliament.
    (11) It shall be unlawful for a company, a body corporate or any other entity to provide, and for any political party or candidate for election to Parliament (or any person on behalf of the political party who is involved in the administration of the affairs of the political party including any office holder of the political party, or any person on behalf of the candidate) to accept from a company, a body corporate or any other entity, any of the following—
    (a)the full or part payment of expenditure for advertising by a political party or a candidate for election to Parliament; or
    (b)the waiving of all or any part of payment of expenditure for advertising by a political party or candidate for election to Parliament.                                                                                                   Section 22,  Political Parties (Registration, Conduct, Funding & Disclosures) Act 2013, amended in 2021

4. Is there a ban on corporate donations to candidates?
  • CodeYes
  • Comment

    Corporate donations to election candidates are unlawful, pursuant to s22 of the Political Parties Act. 

  • Source

    22 (8) It shall be unlawful for any—
    (a)political party;
    (b)office holder of a political party;
    (c)candidate for election to Parliament; or
    (d)agent, campaigner or servant of a political party or candidate for election to Parliament,
    to accept any political donation from a company, a body corporate or any other entity.

    (9) It shall be unlawful for any company, body corporate or any other entity to make any political donation to any—
    (a)political party;
    (b)office holder of a political party;
    (c)candidate for election to Parliament; or
    (d)agent, campaigner or servant of a political party or candidate for election to Parliament.
    (10) It shall be unlawful for any company, body corporate or any other entity to make any payment or contribution to any individual for the purpose of that individual making a political donation to any—
    (a)political party;
    (b)office holder of a political party;
    (c)candidate for election to Parliament; or
    (d)agent, campaigner or servant of a political party or candidate for election to Parliament.
    (11) It shall be unlawful for a company, a body corporate or any other entity to provide, and for any political party or candidate for election to Parliament (or any person on behalf of the political party who is involved in the administration of the affairs of the political party including any office holder of the political party, or any person on behalf of the candidate) to accept from a company, a body corporate or any other entity, any of the following—
    (a)the full or part payment of expenditure for advertising by a political party or a candidate for election to Parliament; or
    (b)the waiving of all or any part of payment of expenditure for advertising by a political party or candidate for election to Parliament.                                                                                                   Section 22,  Political Parties (Registration, Conduct, Funding & Disclosures) Act 2013, amended in 2021

5. Is there a ban on donations from Trade Unions to political parties?
  • CodeYes
  • Comment

    S22(7) of the Political Parties Act 2013 only allows donations from individuals to political parties

  • Source

    (7) It shall be unlawful for any—
    (a)political party;
    (b)office holder of a political party;
    (c)candidate for election to Parliament; or
    (d)agent, campaigner or servant of a political party or candidate for election to Parliament, to accept any political donation unless the political donation is from an individual. 

    Section 22 (7) Political Parties (Registration, Conduct, Funding & Disclosures) Act 2013, amended in 2021

6. Is there a ban on donations from Trade Unions to candidates?
  • CodeYes
  • Comment

    S22(7) of the Political Parties Act 2013 only allows donations from individuals to election candidates

  • Source

    (7)It shall be unlawful for any—
    (a)political party;
    (b)office holder of a political party;
    (c)candidate for election to Parliament; or
    (d)agent, campaigner or servant of a political party or candidate for election to Parliament,
    to accept any political donation unless the political donation is from an individual. 

    Section 22 (7) Political Parties (Registration, Conduct, Funding & Disclosures) Act 2013, amended in 2021

7. Is there a ban on anonymous donations to political parties?
  • CodeYes
  • Comment

    Political parties are required to disclose details of all monies received. Donor names and amounts need to be disclosed.

  • Source

    23(1)A political party shall, within 90 days of the end of its financial year, provide to the Registrar the following information in writing—
    (a)the sources of its funds stating—
    (i)the amount of money received from its members and supporters; and
    (ii)the amount and sources of the donations given to the party;

8. Is there a ban on anonymous donations to candidates?
  • CodeYes
  • Comment

    Candidates are required to disclose details of all donations and details of donors, usually through political party disclosures. New amendments in 2021 now also require every election candidate to declare the amount and source of any donation received by him or her as at the thirtieth day after polling day, within 60 days of polling day.

  • Source
9. Is there a ban on donations from corporations with government contracts to political parties?
  • CodeYes
  • Comment

    S22(7) of the Political Parties Act 2013 only allows donations from individuals to political parties. No corporation is allowed to make political donations, regardless of whether they have government contracts or not.

  • Source

    (7) It shall be unlawful for any—
    (a)political party;
    (b)office holder of a political party;
    (c)candidate for election to Parliament; or
    (d)agent, campaigner or servant of a political party or candidate for election to Parliament, to accept any political donation unless the political donation is from an individual.

    Section 22 (7) Political Parties (Registration, Conduct, Funding & Disclosures) Act 2013, amended in 2021

10. Is there a ban on donations from corporations with government contracts to candidates?
  • CodeYes
  • Comment

    S22(7) of the Political Parties Act 2013 only allows donations from individuals to election candidates. No corporation is allowed to make political donations, regardless of whether they have government contracts or not.

  • Source

    (7) It shall be unlawful for any—
    (a)political party;
    (b)office holder of a political party;
    (c)candidate for election to Parliament; or
    (d)agent, campaigner or servant of a political party or candidate for election to Parliament, to accept any political donation unless the political donation is from an individual.

    Section 22 (7) Political Parties (Registration, Conduct, Funding & Disclosures) Act 2013, amended in 2021

11. Is there a ban on donations from corporations with partial government ownership to political parties?
  • CodeYes
  • Comment

    S22(7) of the Political Parties Act 2013 only allows donations from individuals to political parties. No corporation is allowed to make political donations, regardless of their ownership.

  • Source

    (7) It shall be unlawful for any—
    (a)political party;
    (b)office holder of a political party;
    (c)candidate for election to Parliament; or
    (d)agent, campaigner or servant of a political party or candidate for election to Parliament,
    to accept any political donation unless the political donation is from an individual.

    Section 22 (7) Political Parties (Registration, Conduct, Funding & Disclosures) Act 2013, amended in 2021

12. Is there a ban on donations from corporations with partial government ownership to candidates?
  • CodeYes
  • Comment

    S22(7) of the Political Parties Act 2013 only allows donations from individuals to election candidates. No corporation is allowed to make political donations, regardless of their ownership.

  • Source

    (7)It shall be unlawful for any—
    (a)political party;
    (b)office holder of a political party;
    (c)candidate for election to Parliament; or
    (d)agent, campaigner or servant of a political party or candidate for election to Parliament, to accept any political donation unless the political donation is from an individual.

    Section 22 (7) Political Parties (Registration, Conduct, Funding & Disclosures) Act 2013, amended in 2021

13. Is there a ban on the use of state resources in favour or against a political party or candidate?
  • CodeYes
  • Comment

    S113 of the Electoral Act 2014 makes it unlawful to force public officers to conduct or assist in campaign activities or to assist a political party in any manner, within or outside working hours, and to post/distribute campaign materials in public offices.  New amendments in 2021 make it unlawful to use a Government vehicle to conduct campaign activities

  • Source

    [ELO 113] Prohibition on use of State resources to campaign

    113(1)It shall be unlawful to use State authority, including law and tax enforcement authorities, to pressure or intimidate political opposition.

    (2)It shall be unlawful for any public officer to conduct campaign activities.

    (2A) For the avoidance of doubt, subsection (2) does not apply to a public officer who provides—
    (a) information, whether orally or in writing; or (b) any security services, in the performance of his or her duties as a public officer.

    (3)It shall be unlawful to force, pressure or intimidate public officers to participate in campaign activities, to attend campaign rallies or meetings, or to assist a political party or candidate in campaigning in any manner, in or outside work hours.

    (4)It shall be unlawful to conduct campaign activities or to post or distribute any campaign material inside a public office.

    (4A) It is unlawful to use a Government vehicle to conduct campaign activities unless the vehicle is used for the purposes of providing security.”

    (5)Any person who contravenes this section commits an offence and shall be liable upon conviction to a fine not exceeding $50,000 or to a term of imprisonment not exceeding 10 years, or to both.

    Section 113, Electoral Act 2014, amended in 2021

14. Is there a limit on the amount a donor can contribute to a political party during a non-election specific period?
  • CodeYes, for natural persons
  • Comment

    Section 22 of the Political Parties Act imposes a contribution limit for all donors to political parties or election candidates.

  • Source

    22 (2) Subject to subsection (6), any person who is a Fijian citizen or a former Fijian citizen shall not make any political donation to a political party or to a candidate for election to Parliament (or to any person on behalf of the political party who is involved in the administration of the affairs of the political party including any office holder of the political party, or to any person on behalf of the candidate) of an amount exceeding $10,000 in any one year (whether to one or more registered political parties or candidates).

    (6) Subsection (2) shall not apply to any political donation made by any founding member of the political party as political donation to the initial assets of the party within the first year of its existence

    Section 22, Political Parties (Registration, Conduct, Funding and Disclosures) Act 2013, amended in 2021

15. If there is a limit on the amount a donor can contribute to a political party during a non-election specific period, what is the limit?
  • Code $FJ10,000 per year
  • Comment
  • Source

    22 (2) Subject to subsection (6), any person who is a Fijian citizen or a former Fijian citizen shall not make any political donation to a political party or to a candidate for election to Parliament (or to any person on behalf of the political party who is involved in the administration of the affairs of the political party including any office holder of the political party, or to any person on behalf of the candidate) of an amount exceeding $10,000 in any one year (whether to one or more registered political parties or candidates).

    (6) Subsection (2) shall not apply to any political donation made by any founding member of the political party as political donation to the initial assets of the party within the first year of its existence

    Section 22, Political Parties (Registration, Conduct, Funding and Disclosures) Act 2013, amended in 2021

16. Is there a limit on the amount a donor can contribute to a political party during an election?
  • CodeNo, but limits for regular periods apply to campaign periods
  • Comment

    The contribution limit for a donor is $FJ10,000 per year. This is the combined total that a donor can make to all political parties/election candidates in an year.

  • Source
17. If there is a limit on the amount a donor can contribute to a political party during an election, what is the limit?
  • Code The contribution limit for a donor is $FJ10,000 per year. This is the combined total that a donor can make to all political parties/election candidates in an year.
  • Comment
  • Source

    22 (2) Subject to subsection (6), any person who is a Fijian citizen or a former Fijian citizen shall not make any political donation to a political party or to a candidate for election to Parliament (or to any person on behalf of the political party who is involved in the administration of the affairs of the political party including any office holder of the political party, or to any person on behalf of the candidate) of an amount exceeding $10,000 in any one year (whether to one or more registered political parties or candidates).

    (6) Subsection (2) shall not apply to any political donation made by any founding member of the political party as political donation to the initial assets of the party within the first year of its existence

    Section 22, Political Parties (Registration, Conduct, Funding and Disclosures) Act 2013, amended in 2021

18. Is there a limit on the amount a donor can contribute to a candidate?
  • CodeYes, for natural persons
  • Comment

    The total amount an individual donor can contribute to all parties/candidates in an year is FJ$10,000

  • Source

    22 (2) Subject to subsection (6), any person who is a Fijian citizen or a former Fijian citizen shall not make any political donation to a political party or to a candidate for election to Parliament (or to any person on behalf of the political party who is involved in the administration of the affairs of the political party including any office holder of the political party, or to any person on behalf of the candidate) of an amount exceeding $10,000 in any one year (whether to one or more registered political parties or candidates).

    (6) Subsection (2) shall not apply to any political donation made by any founding member of the political party as political donation to the initial assets of the party within the first year of its existence

    Section 22, Political Parties (Registration, Conduct, Funding and Disclosures) Act 2013, amended in 2021

19. If there is a limit on the amount a donor can contribute to a candidate, what is the limit?
  • Code The total amount an individual donor can contribute to all parties/candidates in an year is FJ$10,000
  • Comment

    22 (2) Subject to subsection (6), any person who is a Fijian citizen or a former Fijian citizen shall not make any political donation to a political party or to a candidate for election to Parliament (or to any person on behalf of the political party who is involved in the administration of the affairs of the political party including any office holder of the political party, or to any person on behalf of the candidate) of an amount exceeding $10,000 in any one year (whether to one or more registered political parties or candidates).

    (6) Subsection (2) shall not apply to any political donation made by any founding member of the political party as political donation to the initial assets of the party within the first year of its existence

    Section 22, Political Parties (Registration, Conduct, Funding and Disclosures) Act 2013, amended in 2021

  • Source
20. Is there a limit on the amount a candidate can contribute to their own election campaign?
  • CodeYes, donation limit for private persons apply
  • Comment

    An election candidate can not make a donation exceeding $10,000 in an year to his party or his election campaign.

  • Source

    22 (2) Subject to subsection (6), any person who is a Fijian citizen or a former Fijian citizen shall not make any political donation to a political party or to a candidate for election to Parliament (or to any person on behalf of the political party who is involved in the administration of the affairs of the political party including any office holder of the political party, or to any person on behalf of the candidate) of an amount exceeding $10,000 in any one year (whether to one or more registered political parties or candidates).

    (6) Subsection (2) shall not apply to any political donation made by any founding member of the political party as political donation to the initial assets of the party within the first year of its existence

    Section 22, Political Parties (Registration, Conduct, Funding and Disclosures) Act 2013, amended in 2021

21. Is there a limit on in-kind donations to political parties?
  • CodeYes
  • Comment

    In-kind considerations are deemed to be "political donations" and therefore subject to the FJ$10,000 per year limit.

  • Source

    22 (2) Subject to subsection (6), any person who is a Fijian citizen or a former Fijian citizen shall not make any political donation to a political party or to a candidate for election to Parliament (or to any person on behalf of the political party who is involved in the administration of the affairs of the political party including any office holder of the political party, or to any person on behalf of the candidate) of an amount exceeding $10,000 in any one year (whether to one or more registered political parties or candidates).
    (12) For the purposes of this section, "political donation" means a donation of money or goods and services, loan, credit facility, bond, share, negotiable security or property that is made at no charge, to a registered political party or to a candidate (or any person on behalf of the political party who is involved in the administration of the affairs of the political party including any office holder of the political party, or any person on behalf of the candidate), but does not include the labour of any person that is provided to a registered political party or to a candidate at no charge by that person.

    Section 22, Political Parties (Registration, Conduct, Funding and Disclosures) Act 2013, amended in 2021

22. Is there a limit on in-kind donations to candidates?
  • CodeYes
  • Comment

    In-kind considerations are deemed to "political donations" and therefore subject to the FJ$10,000 per year limit.

  • Source

    22 (2) Subject to subsection (6), any person who is a Fijian citizen or a former Fijian citizen shall not make any political donation to a political party or to a candidate for election to Parliament (or to any person on behalf of the political party who is involved in the administration of the affairs of the political party including any office holder of the political party, or to any person on behalf of the candidate) of an amount exceeding $10,000 in any one year (whether to one or more registered political parties or candidates).
    (12) For the purposes of this section, "political donation" means a donation of money or goods and services, loan, credit facility, bond, share, negotiable security or property that is made at no charge, to a registered political party or to a candidate (or any person on behalf of the political party who is involved in the administration of the affairs of the political party including any office holder of the political party, or any person on behalf of the candidate), but does not include the labour of any person that is provided to a registered political party or to a candidate at no charge by that person.

    Section 22, Political Parties (Registration, Conduct, Funding and Disclosures) Act 2013, amended in 2021

23. Is there a ban on political parties engaging in commercial activities?
  • CodeYes
  • Comment

    Amendments made in 2021 to section 21 of the Act mean that the proceeds of any investment, project or undertaking in which a political party or independent candidate has an interest, no longer forms part of the sources of funds for the
    political party and independent candidate. This essentially means that proceeds from commercial activties, except from income derived from any building owned by a party, can not be used for political purposes.

  • Source

    21(1)The sources of funds for a political party shall only be from—
    (a)membership fees;
    (b)voluntary contributions, donations, bequests and grants from a lawful source, not being from a foreign government, intergovernmental or non-governmental organisation; and     (c) income derived from any building owned by a political party. 

    Section 21, Political Parties (Registration, Conduct, Funding and Disclosures) Act 2013, amended in 2021  

24. Is there a ban on political parties taking loans in relation to election campaigns?
  • CodeNo
  • Comment

    There are no restrictions on political parties taking loans to fund election campaigns, under the provisions of the Political Parties Act 2013. 
     

  • Source
25. Is there a ban on candidates taking loans in relation to election campaigns?
  • CodeNo
  • Comment

    There are no restrictions on election candidates taking loans to fund election campaigns, under the provisions of the Political Parties Act 2013. 

  • Source
26. Is there a ban on donors to political parties/candidates participating in public tender/procurement processes?
  • CodeNo
  • Comment

    The procurement regulations do not render donors to political parties/election candidates ineligible for participation in public procurement/tender processes.

  • Source

    Qualification of Suppliers and Contractors
    36.-(1) In order to participate in procurement proceedings, all potential bidders in addition to the  requirements contained in any solicitation documents, must satisfy the following conditions to the satisfaction of the Board-
    (a) that they have the legal capacity to enter into the contract;
    (b) that they possess the necessary professional and technical qualifications, professional and technical competence, financial resources, equipment and other physical facilities, managerial capability, reliability, experience and reputation and the personnel to perform the contract; 
    (c) that they are not insolvent, in receivership, bankrupt or being wound up, their business activities have not been suspended, and they are not subject of legal proceeding for any of the foregoing or otherwise which in the event of an adverse finding might cause the bidder to cease business;
    (d) that they have evidence of a business relationship in the form of a partnership agreement, joint venture agreement, supply contracts or like documentation, if bidding in conjunction with another person, that would necessitate the demonstration to fulfil the contract.
     (2) The Board may disqualify a supplier or contractor if he/she finds at any time that the information submitted concerning the qualifications of the supplier or contractor was false, materially inaccurate or materially incomplete.
    (3) The Board may not disqualify a supplier or contractor on the ground that information submitted concerning the qualifications of the supplier or contractor was inaccurate and incomplete in a non-material respect. The supplier or contractor may be disqualified if it fails to remedy such deficiencies promptly upon request by the procuring agency. 

    Source: Procurement Regulations 2010, amended 2020.

27. Are there provisions requiring donations to go through the banking system?
  • CodeNo
  • Comment

    The law does not expressly require donations to go through the banking system, however, amendments made in 2021 now require every registered political party to open and retain bank accounts, and provide details of the same to the oversight body.

  • Source

    “(6) A political party must open a bank account within 90 days of its registration and provide the bank account details to the Registrar.
    (7) A political party registered under this Act at the commencement of the Political Parties (Registration, Conduct, Funding and Disclosures) (Amendment) Act 2021, must, within 60 days of the commencement, open a bank account and provide the bank account details to the Registrar.
    (8) If a political party registered under this Act at the commencement of the Political Parties (Registration, Conduct, Funding and Disclosures) (Amendment) Act 2021 has a bank account, the political party is not required to open a new bank account but must, within 60 days of the commencement, provide the bank account details to the Registrar.
    (9) If there is a change in the bank account details, the political party must notify the Registrar of the change as soon as practicable.

    Political Parties (Registration, Conduct, Funding and Disclosures) (Amendment) Act 2021.

Question Value
28. Are there provisions for direct public funding to political parties?
  • CodeNo public funding available
  • Comment

    There is no public funding available to political parties. Parties must only be funded by private means

  • Source
29. What are the eligibility criteria for political parties to receive public funding?
  • CodeNot applicable
  • Comment

    There is no public funding available to political parties. Parties must only be funded by private means

  • Source
30. What is the allocation calculation for political parties to receive public funding?
  • CodeNot applicable
  • Comment

    There is no public funding available to political parties. Parties must only be funded by private means

  • Source
31. What are the provisions on 'ear marking' direct public funding to political parties (how it should be used)?
  • CodeNot applicable
  • Comment

    There is no public funding available to political parties. Parties must only be funded by private means

  • Source
32. Are there provisions for free or subsidized access to media for political parties?
  • CodeNo
  • Comment

    There is no provision for free or subsidized access to media for political parties, including during election campaigns. On the contrary, it is unlawful for companies/body corporates to make full/partial payment or to waive payment for any adveritising expenditure. This restriction is primarily aimed at preventing corporate money being contributed for political purposes. 

  • Source

    (11) It shall be unlawful for a company, a body corporate or any other entity to provide, and for any political party or candidate for election to Parliament (or any person on behalf of the political party who is involved in the administration of the affairs of the political party including any office holder of the political party, or any person on behalf of the candidate) to accept from a company, a body corporate or any other entity, any of the following—
    (a)the full or part payment of expenditure for advertising by a political party or a candidate for election to Parliament; or
    (b)the waiving of all or any part of payment of expenditure for advertising by a political party or candidate for election to Parliament.
    (12) For the purposes of this section, “political donation” means a donation of money or goods and services, loan, credit facility, bond, share, negotiable security or property that is made at no charge, to a registered political party or to a candidate (or any person on behalf of the political party who is involved in the administration of the affairs of the political party including any office holder of the political party, or any person on behalf of the candidate), but does not include the labour of any person that is provided to a registered political party or to a candidate at no charge by that person.

    Section 22, Political Parties (Registration, Conduct, Funding and Disclosures) Act 2013, Amended 2021

33. What criteria determine allocation for free or subsidized access to media for political parties?
  • CodeNot applicable
  • Comment
  • Source
34. Are there provisions for free or subsidized access to media for candidates?
  • CodeNo
  • Comment

    There is no provision for free or subsidized access to media for election candidates. On the contrary, it is unlawful for companies/body corporates to make full/partial payment or to waive payment for any adveritising expenditure. This restriction is primarily aimed at preventing corporate money being contributed for political purposes. 

  • Source

    any other entity to provide, and for any political party or candidate for election to Parliament (or any person on behalf of the political party who is involved in the administration of the affairs of the political party including any office holder of the political party, or any person on behalf of the candidate) to accept from a company, a body corporate or any other entity, any of the following—
    (a)the full or part payment of expenditure for advertising by a political party or a candidate for election to Parliament; or
    (b)the waiving of all or any part of payment of expenditure for advertising by a political party or candidate for election to Parliament.
    (12) For the purposes of this section, “political donation” means a donation of money or goods and services, loan, credit facility, bond, share, negotiable security or property that is made at no charge, to a registered political party or to a candidate (or any person on behalf of the political party who is involved in the administration of the affairs of the political party including any office holder of the political party, or any person on behalf of the candidate), but does not include the labour of any person that is provided to a registered political party or to a candidate at no charge by that person.

    Section 22, Political Parties (Registration, Conduct, Funding and Disclosures) Act 2013, Amended 2021

35. Are there provisions for any other form of indirect public funding?
  • CodeNo
  • Comment

    There are no provisions for indirect public funding for political parties.

  • Source
36. Is the provision of direct public funding to political parties tied to gender equality among candidates?
  • CodeNo
  • Comment

    There is no provision of direct public funding for political parties.

  • Source
37. Are there provisions for other financial advantages to encourage gender equality in political parties?
  • CodeNo
  • Comment
  • Source

Question Value
38. Is there a ban on vote buying?
  • CodeYes
  • Comment

    The Electoral Act 2014 makes vote buying a criminal offence punishable with severe fines (up to $50,000) or imprisonment for up to 10 years, or both. The Law has been amended in 2021 to clarify that this offence can only be committed during the campaign period.

  • Source

    114(1)During the campaign period, it shall be unlawful for political parties, candidates and their representatives, either personally or through other persons, to give or offer to any citizen money, gifts, material goods of any value (except for campaign material) or services free of charge, to sell goods or services to persons at a preferential price, or to promise to provide any monetary fund, gift, material goods or services of any value for the purpose of gaining or influencing votes.
    (2)Any person who contravenes this section commits an offence and shall be liable upon conviction to a fine not exceeding $50,000 or to a term of imprisonment not exceeding 10 years, or to both.

    Source: Electoral Act 2014, Amended 2021

39. Are there limits on the amount a political party can spend?
  • CodeNo
  • Comment

    No law imposes a limit on spending for political parties in Fiji, both for election and non-election years.

  • Source
40. If there are limits on the amount a political party can spend, what is the limit?
  • CodeNot applicable
  • Comment
  • Source
41. Are there limits on the amount a candidate can spend?
  • CodeNo
  • Comment

    No restrictions exist on the amount of money a candidate can spend.

  • Source
42. If there are limits on the amount a candidate can spend, what is the limit?
  • CodeNot applicable
  • Comment
  • Source
43. Are there limits on the amount that third parties can spend on election campaign activities?
  • CodeNo
  • Comment
  • Source
44. Are there limits on traditional media advertising spending in relation to election campaigns?
  • CodeNo
  • Comment

    No law imposes a limit on election advertising expenditure.

  • Source
45. Are there limits on online media advertising spending in relation to election campaigns?
  • CodeNo
  • Comment

    No law imposes a limit on election advertising expenditure.

  • Source
46. Do any other restrictions on online media advertisement (beyond limits) exist?
  • CodeNo
  • Comment

    Contents of online media advertisments may be subject to the provisions of the Online Safety Act 2018, although the Act is not specifically aimed at electoral offences, nor intended to create limitations on online media advertisements. Since "harm" is not clearly defined by the Act, complaints against contents of online election advertisements may be made by contestants who may feel cause to believe that they have been harmed by it. If one is to remain strictly confined to political finance, then there are no laws which impose restrictions on online adverts (which have financial implications)

  • Source

    Causing harm by posting electronic communication
    24.—(1) A person who—
    (a) posts an electronic communication with the intention to cause harm to an individual;
    54 Online Safety—8 of 2018
    (b) posts an electronic communication where posting the electronic communication would cause harm to an ordinary reasonable individual in the position of the individual; and
    (c) posts an electronic communication where posting the electronic communication causes harm to the individual,
    commits an offence.
    (2) A person who commits an offence under subsection (1) is liable upon conviction to—
    (a)  in the case of an individual, a fine not exceeding $20,000 or imprisonment for a term not exceeding 5 years or both; and(b)  in the case of a body corporate, a fine not exceeding $100,000, and for
    a director, manager or officer in charge for the time being, to a fine not exceeding $50,000 or imprisonment for a term not exceeding 7 years or both.
    (3) In determining whether posting an electronic communication would cause harm,
    the court may take into account any factor it considers relevant, including—
    (a) the extremity of the language, images or videos used;
    (b) the age and characteristics of the individual concerned;
    (c) whether the electronic communication was anonymous;
    (d) whether the electronic communication was repeated;
    (e) the extent of circulation of the electronic communication;
    (f) whether the electronic communication is true or false; and
    (g) the context in which the electronic communication appeared.

    Source: Section 24, Online Safety Act 2018

Question Value
47. Do political parties have to report regularly on their finances?
  • CodeYes
  • Comment
  • Source

    (1)A political party shall, within 90 days of the end of its financial year, provide to the Registrar the following information in writing—
    (a)the sources of its funds stating—
    (i)the amount of money received from its members and supporters; and
    (ii)the amount and sources of the donations given to the party;
    (2) Any information provided to the Registrar under subsection (1) must be made available at the office of the Registrar in Suva for inspection by members of the public upon payment of an approved fee.

    (4) A political party that fails to comply with subsection (1) is liable to a penalty of $100 for each day the non-compliance continues, and if the political party is still non-compliant after 30 days, the Registrar must deregister the political party.
    Source: Section 23, Political Parties (Registration, Conduct, Funding and Disclosures) (Amendment) Act 2021.

48. Do political parties have to report on their election campaign finances?
  • CodeYes
  • Comment

    Declaration of assets, liabilities and expenditure in relation to elections
    (1) A political party shall, at least 30 days before general elections, submit to the Registrar a statement of its assets and liabilities.
    (1A) A political party must, no later than the sixtieth day after polling day, submit to the Registrar a written declaration giving details of all assets and liabilities as at the thirtieth day after polling day and income and expenditure, including all contributions, donations or pledges of contributions or donations, whether in cash or in kind, made or to be made from the date the writ is issued to the thirtieth day after polling day.”; and
    (2) Notwithstanding any other penalty provided in this Act or in any other written law, the Registrar shall deregister a political party which—
    • (a)fails to comply with this section; or
    • (b)submits a statement which is false in any material particulars.
    (3) The Registrar shall publish the information received by him or her under subsections (1) and (1A) in the Gazette and in the media, and the costs of any such publication shall be paid by or recovered from the political party.

    Source: Section 25, Political Parties (Registration, Conduct, Funding and Disclosures) (Amendment) Act 2021.

  • Source
49. Do candidates have to report on their election campaign finances?
  • CodeYes
  • Comment
  • Source

    (2B) Any candidate (whether elected to Parliament or not) must, no later than the sixtieth day after polling day, provide to the Registrar the following information in writing— 
    (a) the amount of any money received by him or her as at the thirtieth day after polling day; 
    (b) the amount and source of any donation received by him or her as at the thirtieth day after polling day; and 
    (c) the income and expenditure as at the thirtieth day after polling day.
    Source: Section 24, Political Parties (Registration, Conduct, Funding and Disclosures) (Amendment) Act 2021.

50. Do third parties have to report on election campaign finances?
  • CodeNo
  • Comment
  • Source
51. Is information in reports from political parties and/or candidates to be made public?
  • CodeYes
  • Comment

    All financial disclosures made by political parties, office holders of political parties and election candidates pursuant to Sections 23, 24, 25, 26 are made public, either through publication in the media, in the Gazette, on the website of the Registrar of Political Parties, or made available for public inspection at the Office of the Registrar of Political Parties.

  • Source

    23 (2) Any information provided to the Registrar under subsection (1) must be made available at the office of the Registrar in Suva for inspection by members of the public upon payment of an approved fee.

    24 (4) The information provided by a person under subsections (1), (1A), (1B), (2), (2A) and (2B) must be made available at the office of the Registrar in Suva for inspection by members of the public upon payment of an approved fee.

     25 (3)The Registrar shall publish the information received by him or her under subsections (1) and (1A) in the Gazette and in the media, and the costs of any such publication shall be paid by or recovered from the political party.

    26 (2A) A political party must publish its audited accounts in a format provided by the Registrar on the official website of the Fijian Elections Office within 3 months after the end of each financial year.

    Sections 23, 24,25, 26, Political Parties (Registration, Conduct, Funding and Disclosures) (Amendment) Act 2021.

52. Must reports from political parties and/or candidates reveal the identity of donors?
  • CodeYes
  • Comment

    Political parties and election candidates are required to disclose details of every donation they receive, including the identity/details of every donor.

  • Source

    23 (1) A political party shall, within 90 days of the end of its financial year, provide to the Registrar the following information in writing—
    (a)the sources of its funds stating—
    (i)the amount of money received from its members and supporters; and
    (ii)the amount and sources of the donations given to the party;

    24 (2B) Any candidate (whether elected to Parliament or not) must, no later than the sixtieth day after polling day, provide to the Registrar the following information in writing— 
    (a) the amount of any money received by him or her as at the thirtieth day after polling day; 
    (b) the amount and source of any donation received by him or her as at the thirtieth day after polling day; and
     (c) the income and expenditure as at the thirtieth day after polling day.

    Source: Sections 23, 24, Political Parties (Registration, Conduct, Funding and Disclosures) (Amendment) Act 2021.

53. Must reports from political parties and/or candidates include information on itemized income?
  • CodeYes
  • Comment

    Sections 23 and 24 of the Political Parties Act requires political parties and election  candidates to provide details of every income they receive.

  • Source

    23 (1) A political party shall, within 90 days of the end of its financial year, provide to the Registrar the following information in writing—
    (a)the sources of its funds stating—
    (i)the amount of money received from its members and supporters; and
    (ii)the amount and sources of the donations given to the party;

    24 (2B) Any candidate (whether elected to Parliament or not) must, no later than the sixtieth day after polling day, provide to the Registrar the following information in writing— 
    (a) the amount of any money received by him or her as at the thirtieth day after polling day; 
    (b) the amount and source of any donation received by him or her as at the thirtieth day after polling day; and
     (c) the income and expenditure as at the thirtieth day after polling day.

    Source: Sections 23, 24, Political Parties (Registration, Conduct, Funding and Disclosures) (Amendment) Act 2021.

54. Must reports from political parties and/or candidates include information on itemized spending?
  • CodeYes
  • Comment

    Sections 23 and 24 of the Political Parties Act requires political parties and election  candidates to provide details of every expenditure they incur.

  • Source

    23 (1) A political party shall, within 90 days of the end of its financial year, provide to the Registrar the following information in writing—
    (a)the sources of its funds stating—
    (i)the amount of money received from its members and supporters; and
    (ii)the amount and sources of the donations given to the party;

    24 (2B) Any candidate (whether elected to Parliament or not) must, no later than the sixtieth day after polling day, provide to the Registrar the following information in writing— 
    (a) the amount of any money received by him or her as at the thirtieth day after polling day; 
    (b) the amount and source of any donation received by him or her as at the thirtieth day after polling day; and
     (c) the income and expenditure as at the thirtieth day after polling day.

    Source: Sections 23, 24, Political Parties (Registration, Conduct, Funding and Disclosures) (Amendment) Act 2021.

55. Which institution(s) receives financial reports from political parties and/or candidates?
  • CodeEMB
  • Comment

    The Registrar of Political Parties is the designated entity to receive all financial disclosures made by political parties, office holders of political parties and election candidates pursuant to sections 23, 24 and 25 of the Political Parties Act.

  • Source

    23 (1) A political party shall, within 90 days of the end of its financial year, provide to the Registrar the following information in writing—
    (a)the sources of its funds stating—
    (i)the amount of money received from its members and supporters; and
    (ii)the amount and sources of the donations given to the party;

    24 (2B) Any candidate (whether elected to Parliament or not) must, no later than the sixtieth day after polling day, provide to the Registrar the following information in writing— 
    (a) the amount of any money received by him or her as at the thirtieth day after polling day; 
    (b) the amount and source of any donation received by him or her as at the thirtieth day after polling day; and
     (c) the income and expenditure as at the thirtieth day after polling day.

    25(1 A political party shall, at least 30 days before general elections, submit to the Registrar a statement of its assets and liabilities.
       (1A) A political party must, no later than the sixtieth day after polling day, submit to the Registrar a written declaration giving details of all assets and liabilities as at the thirtieth day after polling day and income and expenditure, including all contributions, donations or pledges of contributions or donations, whether in cash or in kind, made or to be made from the date the writ is issued to the thirtieth day after polling day.

    Source: Sections 23, 24,25 Political Parties (Registration, Conduct, Funding and Disclosures) (Amendment) Act 2021.

56. Which institution(s) is responsible for examining financial reports and/or investigating violations?
  • CodeEMB
  • Comment
  • Source
57. What power is granted to the institution(s) responsible for examining reports and/or investigating violations?
  • CodeRefer for investigation | Carry out investigation | Request additional information from potential violator | Request additional information from others | Impose sanctions
  • Comment
  • Source

    23 (4) A political party that fails to comply with subsection (1) is liable to a penalty of $100 for each day the non-compliance continues, and if the political party is still non-compliant after 30 days, the Registrar must deregister the political party.”.

    26A (1) Subject to the provisions of this Act, the Registrar shall have all powers necessary to carry out its functions under this Act.
    (2) Notwithstanding the generality of subsection (1) if the Registrar has reason to believe that a person has information or documents relevant to or required by the Registrar for the performance of his or her duties under this Act, the Registrar may by notice in writing, direct the person to furnish such information or documents to the Registrar.
    (3) Any person who, having been lawfully required under this section to disclose any information or documents to the Registrar under subsection (2) shall, notwithstanding the provisions of any other law on confidentiality, privilege or secrecy, comply with such direction and any such person who fails to comply with the directions of the Registrar or provides information that is false, commits an offence and shall be liable upon conviction—
    • (a)in the case of a natural person, to a fine not exceeding $50,000 or to a term of imprisonment not exceeding 5 years or to both; and
    • (b)in the case of a company, association or body of persons, Government department, non-governmental organisation, Statutory Authority or entity, to a fine not exceeding $500,000 and for the Director, Chief Executive Officer, Minister, Manager or officer in charge for the time being, to a fine not exceeding $50,000 or to a term of imprisonment not exceeding 5 years or to both.
    (4) For the purposes of this section, a “person” means a natural or legal person and includes a company, association or body of persons, corporate or unincorporate, Government department, non-governmental organisation, Statutory Authority or any entity.

    27 (5)Where a political party commits an offence under this Act, the Registrar shall have the power to—
    • (a)issue a warning and require the political party to conform to this Act within a specified period; or
    • (b)suspend the registration of the political party for a period not exceeding 12 months.

    Source: Sections 23, 26A, 27 Political Parties (Registration, Conduct, Funding and Disclosures) (Amendment) Act 2021.
     

58. What sanctions are provided for political finance infractions?
  • CodeFines | Prison | Deregistration of party | Suspension of political party
  • Comment
  • Source

    22 (1) A political party or a candidate for election to Parliament (or any person on behalf of the political party who is involved in the administration of the affairs of the political party including any office holder of the political party, or any person on behalf of the candidate) who receives any political donation from a foreign government, intergovernmental or non-governmental organisation, or multilateral agency, commits an offence and shall be liable upon conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 5 years, or to both.
    (2) Subject to subsection (6), any person who is a Fijian citizen or a former Fijian citizen shall not make any political donation to a political party or to a candidate for election to Parliament (or to any person on behalf of the political party who is involved in the administration of the affairs of the political party including any office holder of the political party, or to any person on behalf of the candidate) of an amount exceeding $10,000 in any one year (whether to one or more registered political parties or candidates).
    (3) Any person who is not a Fijian citizen or a former Fijian citizen, shall not make a political donation to any political party or candidate for election to Parliament.
    (4) A person who contravenes subsections (2) or (3) commits an offence and shall be liable upon conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 5 years, or to both.
    (5) A political party or a candidate for election to Parliament (or any person on behalf of the political party who is involved in the administration of the affairs of the political party including any office holder of the political party, or any person on behalf of the candidate) who receives a political donation from any person who is not a Fijian citizen or former Fijian citizen, or receives a political donation exceeding $10,000 from a Fijian citizen or a former Fijian citizen, commits an offence and shall be liable upon conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 5 years, or to both, and in addition to the penalty imposed by this Act, forfeit that amount to the State.

    (13) Any person who contravenes subsections (7), (8), (9), (10) and (11) commits an offence and shall be liable upon conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 5 years, or to both.

    23 (4) A political party that fails to comply with subsection (1) is liable to a penalty of $100 for each day the non-compliance continues, and if the political party is still non-compliant after 30 days, the Registrar must deregister the political party.

    24 (5) Any person who fails to comply with the requirements of subsections  (1), (1A), (1B), (2), (2A) or (2B), or provides any information that is false, commits an offence and shall be liable upon conviction to a fine not exceeding $50,000 or to a term of imprisonment not exceeding 10 years or to both.

    25(2)Notwithstanding any other penalty provided in this Act or in any other written law, the Registrar shall deregister a political party which—
    • (a)fails to comply with this section; or
    • (b)submits a statement which is false in any material particulars.

    26 (5) An auditor who provides a falsely audited account commits an offence and shall be liable upon conviction to a fine not exceeding $50,000 or to a term of imprisonment not exceeding 10 years or to both.

    26A (3) Any person who, having been lawfully required under this section to disclose any information or documents to the Registrar under subsection (2) shall, notwithstanding the provisions of any other law on confidentiality, privilege or secrecy, comply with such direction and any such person who fails to comply with the directions of the Registrar or provides information that is false, commits an offence and shall be liable upon conviction—
    (a)in the case of a natural person, to a fine not exceeding $50,000 or to a term of imprisonment not exceeding 5 years or to both; and
    (b)in the case of a company, association or body of persons, Government department, non-governmental organisation, Statutory Authority or entity, to a fine not exceeding $500,000 and for the Director, Chief Executive Officer, Minister, Manager or officer in charge for the time being, to a fine not exceeding $50,000 or to a term of imprisonment not exceeding 5 years or to both.

    27 (1) A person who—
    • (a)fails to furnish particulars or information required to be furnished by a political party or by him or her under this Act;
    • (b)makes a statement which he or she knows to be false or which he or she has no reason to believe to be true; or
    • (c)recklessly makes a false statement under this Act,
    commits an offence and shall be liable upon conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 5 years or to both.
    (2) Where a political party commits an offence under this Act, every office holder of that political party shall also be deemed to have committed the offence.
    (3) Where an offence under this Act is committed by a body of persons other than a political party—
    • (a)in the case of a body corporate other than a partnership, every director and the secretary of the body corporate shall also be deemed to have committed the offence; and
    • (b)in the case of a partnership, every partner shall be deemed to have committed the offence.
    (4) A person does not commit an offence under subsection (1) or (2) if that person proves to the satisfaction of the court that he or she exercised due diligence to prevent the commission of that act as he or she ought to have exercised, having regard to all the circumstances.
    (5) Where a political party commits an offence under this Act, the Registrar shall have the power to—
    • (a)issue a warning and require the political party to conform to this Act within a specified period; or
    • (b)suspend the registration of the political party for a period not exceeding 12 months.
    (6) Notwithstanding subsection (5), a person who is a member of a political party that has been suspended and is a member of Parliament, shall continue as a member of Parliament for the unexpired term.

    Source: Sections 22, 23, 24, 25,  26A, 27, Political Parties (Registration, Conduct, Funding and Disclosures) (Amendment) Act 2021.

    114(1)  During the campaign period, it shall be unlawful for political parties, candidates and their representatives, either personally or through other persons, to give or offer to any citizen money, gifts, material goods of any value (except for campaign material) or services free of charge, to sell goods or services to persons at a preferential price, or to promise to provide any monetary fund, gift, material goods or services of any value for the purpose of gaining or influencing votes.
    (2) Any person who contravenes this section commits an offence and shall be liable upon conviction to a fine not exceeding $50,000 or to a term of imprisonment not exceeding 10 years, or to both.

    116 116 (3) Any political party, any candidate for election to Parliament and any person representing, or acting under the direction of, any political party or any candidate must not
    (h) coerce or offer monetary or other kinds of direct inducements to persons to vote for or against a particular party or candidate, or to abstain from voting
    (j) procure the support or assistance of any election official or public servant to promote or hinder the election of a candidate

    5) Any person who contravenes subsections (3) or (4) commits an offence and shall be liable upon conviction
    to a fine not exceeding $50,000 or to a term of imprisonment not exceeding 10 years, or to both.
    Source: Sections 114, 116 ,Electoral Act 2014, Amended 2021
     

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