Independent MPs free to join or form parties, says Electoral Commission

Independent Members of Parliament are legally allowed to join or help form new political parties, the Electoral Commission (EC) has confirmed, providing clarity amid growing political speculation following recent party deregistrations.

The clarification was made after the EC deliberated on the issue at its meeting on December 11, 2025, with Chairperson Justice Usaia Ratuvili confirming there are no legal restrictions preventing MPs from aligning with new or existing political parties.

Justice Ratuvili said the Commission reviewed all relevant electoral laws and found no provisions barring Members of Parliament from joining another party or participating in the formation of a new one.

“The Commission notes that there are no provisions in the Electoral (Registration of Voters) Act 2012, the Political Parties (Registration, Conduct, Funding and Disclosures) Act 2013, or the Electoral Act 2014 that explicitly restrict Members of Parliament from joining other political parties or proposed political parties,” he said.

The EC also clarified the legal position of MPs whose political parties have been deregistered.

Under Section 20(2) of the Political Parties (Registration, Conduct, Funding and Disclosures) Act 2013, MPs elected under a deregistered party are required to continue serving the remainder of their term either as independent MPs or as members of another political party.

Justice Ratuvili said such MPs are also permitted to be involved in establishing a new political party, provided they are members of only one party at any given time, in line with the law.

The clarification comes at a critical time as Fiji’s political landscape continues to shift, with deregistered parties, emerging political movements and increased public interest in the future alignment of independent MPs.

Political observers say the EC’s decision removes uncertainty and confirms that Parliamentarians retain their constitutional rights to political association, even after their original parties cease to exist.

Justice Ratuvili said the Commission’s role was to uphold the Constitution and provide legal clarity in the public interest.

“The Electoral Commission reiterates its commitment to upholding the Constitution and electoral laws of the Republic of Fiji, and to providing clarity on electoral and political party matters in the public interest,” he said.

The EC’s confirmation is expected to shape political manoeuvring ahead of the next general election, as independent MPs consider their options in a rapidly evolving political environment.