Fiji Law Society says current voting model weakens MP accountability

The Fiji Law Society (FLS) has called for reforms to Fiji’s electoral system, saying changes are needed to strengthen the link between Members of Parliament and the people they represent.

Presenting its submission to the Constitutional Review Commission today, FLS president William Wylie Clarke said the current single national constituency had weakened accountability.

“The single national constituency weakens accountability between voters and identifiable Members of Parliament,” Mr Clarke said.

The society recommended replacing the current model with a proportional representation system that includes regional or multi-member constituencies.

Mr Clarke said this would allow voters to identify MPs representing their communities while maintaining proportional election outcomes.

The society also recommended that constituency boundaries be determined by an independent boundaries commission based on population, geography, communities of interest and the circumstances of maritime and remote communities.

It said boundaries should not be determined on the basis of ethnicity or religion.

Mr Clarke said the society opposed a first-past-the-post electoral system because it could result in candidates being elected without majority support.

The society also recommended stronger constitutional protections for the legal profession by giving the FLS authority to issue and regulate practising certificates for lawyers instead of the executive.

“The independence of the legal profession is not a privilege for lawyers. It is a protection for the public,” Mr Clarke said.

He said lawyers must be able to represent clients, challenge government decisions and defend constitutional rights without fear of political interference.

FLS also proposed strengthening the Bill of Rights by requiring any limitation on constitutional rights to meet clear tests of legality, necessity and proportionality, subject to judicial review.

It further recommended a review of constitutional immunity provisions, saying immunity should not protect individuals from prosecution for serious offences including corruption, unlawful killings, torture, sexual violence or abuse of office.

Mr Clarke said Fiji’s next Constitution should preserve existing commitments while strengthening institutions that uphold democracy, accountability and the rule of law.

“Fiji should preserve the best commitments already found in the 2013 Constitution — rule of law, rights, equality, constitutional supremacy, independent courts and accountability — but strengthen them so that they are institutionally real, not just words on paper,” he said.