58. What sanctions are provided for political finance infractions?
Fiji
- Fines
- Prison
- Deregistration of party
- Suspension of political party
- Other
27(1)A person who--
- fails to furnish particulars or information required to be furnished by a political party or by him or her under this Act:
- 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
- recklessly makes a false statement under this Act,
commits an offence and shall he 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 he 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 (I) 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---
- issue a warning and require the political party to conform to this Act within a specified period; or
- suspend the registration of the political party for a period not exceeding 12 months.
(6) Notwithstanding subsection 15), 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: Article 27, Political Parties (Registration, Conduct, Funding and Disclosures) Act 2013
Prohibition on use of State resources to campaign
113 (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
Source: Article 113, Electoral Act 2014, Act 11 of 2014
Prohibition on vote buying
114 (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: Article 114, Electoral Act 2014, Act 11 of 2014
Campaign rules
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: Article 116, Electoral Act 2014, Act 11 of 2014
25 (I) A political party shall, at least 30 days before general elections, submit to the Registrar a statement of its assets and liabilities.
(2) Notwithstanding any other penalty provided in this Act or in any other written law, the Registrar shall deregister a political party which—
- fails to comply with this section; or
- submits a statement which is false in any material particulars.
(3) The Registrar shall publish the information received by him or her under subsection (1) 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: Article 25, Political Parties (Registration, Conduct, Funding and Disclosures) Act 2013
Courts may issue fines or impose a prison sentence for specified breaches of the Act. Registrar may issue a warning to a political party and require it to conform to the Act within a specified period, and may also suspend the registration of a political party for a period not exceeding 12 months or deregister the party