Proposed election fines ‘draconian’: FNU academic

Proposed fines of up to $100,000 for political parties and $40,000 for candidates under the Electoral (Amendment) Bill 2026 have been described as “draconian” and unaffordable for most Fijians.

This was highlighted by Fiji National University Head of Ethics and Governance Mosmi Bhim in her written submission to Parliament’s Standing Committee on Justice, Law and Human Rights last week.

Ms Bhim said the Government had promised to remove such laws, but the proposed fines were as harsh as those under the Electoral Act 2014.

She said a minimum-wage earner on $5 an hour earned about $10,400 a year, meaning a $5000 or $10,000 fine imposed on an ordinary voter could amount to six months’ to a year’s pay.

“It will be a travesty of justice if harsh fines are imposed on persons who do not have means to pay them,” Ms Bhim said.

She warned that the penalties could discourage people without significant financial means from contesting elections.

Under the Bill, corrupt electoral practices carry a maximum penalty of two years’ imprisonment, or fines of up to $100,000 for political parties, $40,000 for candidates and polling agents, and $10,000 for other persons.

Illegal practices carry fines of up to $40,000 for political parties, $20,000 for candidates and polling agents, and $5000 for other persons.

Ms Bhim recommended that:

• penalties be lowered to reflect the income of most Fijians;
• a penalty unit of $200, equivalent to the minimum weekly wage, be adopted;
• the minimum fine for voters and candidates be set at $200 and the maximum at $10,400;
• restrictions on opinion polls, surveys and research be removed;
• limits on election education by universities and non-government organisations after the writ is issued be removed;
• the requirement for political parties to explain how they would fund their election promises be reinstated;
• “mental disorder” be retained in voter registration laws instead of “unsound mind”; and
• the proposed rule allowing political parties and candidates to give gifts to villages be removed.

Ms Bhim said fines should not exceed $30,000, noting that only about 20,000 people in Fiji earned above the income tax threshold.

She also warned that the proposed gifts provision could create opportunities for corruption, citing the 2001 agriculture scam in which more than $16 million was lost.

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