Electoral system for national legislature

Constitution 1997

(Articles 50 to 54)

Members

50. The House of Representatives consists of 71 members elected in accordance with this Constitution to represent single member constituencies.

Seats

51.-(1) The 71 members are elected as follows:

(a) 46 are elected by voters registered on one of 4 separate electoral rolls, namely:

(i) a roll of voters who are registered as Fijians;

(ii) a roll of voters who are registered as Indians;

(iii) a roll of voters who are registered as Rotumans; and

(iv) a roll of voters who are registered otherwise than as Fijians, Indians or Rotumans;

(b) 25 are elected by voters from all communities registered on an open electoral roll.

(2) The number of members elected under subparagraph (1)(a)(i) is 23.

(3) The number of members elected under subparagraph (1)(a)(ii) is 19.

(4) The number of members elected under subparagraph (1)(a)(iii) is 1.

(5) The number of members elected under subparagraph (1)(a)(iv) is 3.

 

Boundaries

52.-(1) The Constituency Boundaries Commission must determine the boundaries of constituencies for the election of members to communal seats and open seats.

(2) In determining the boundaries of the constituencies for the election of members to the communal seats to be filled in accordance with subparagraph 51(1)(a)(i), the Constituency Boundaries Commission:

(a) must ensure that the boundaries for 17 of the constituencies are in accordance with the provincial boundaries prescribed under the Fijian Affairs Act and that, subject to paragraph (b):

(i) the provinces of Ba, Tailevu and Cakaudrove comprise 2 constituencies each; and

(ii) the other provinces comprise 1 constituency each;

(b) must ensure that the remaining 6 constituencies comprise predominantly urban or peri-urban areas in which the number of voters is, as far as reasonably practicable, the same; and

(c) subject to paragraphs (a) and (b), must give due consideration, in relation to each proposed constituency, to:

(i) the physical features of the proposed constituency;

(ii) the boundaries of existing recognised traditional areas; and

(iii) means of communication and travel within the proposed constituency.

(3) In determining the boundaries of the other constituencies, the Constituency Boundaries Commission:

(a) must try to ensure that the number of voters in each communal seat (other than a communal seat referred to in subsection (2)) is, as far as reasonably practicable, the same;

(b) must try to ensure that the number of voters in each open seat is, as far as reasonably practicable, the same; and

(c) subject to paragraph (a) or (b), must give due consideration, in relation to each proposed constituency, to:

(i) the physical features of the proposed constituency;

(ii) the boundaries of existing administrative and recognised traditional areas;

(iii) means of communication and travel within the proposed constituency; and

(iv) if the proposed constituency relates to an open seat- the principle that the voters should comprise a good proportion of members of different ethnic communities.

(4) In this section:

communal seat means a seat to be filled in accordance with paragraph 51(1)(a);

open seat means a seat to be filled in accordance with paragraph 51(1)(b)

 

Redistributions

53.-(1) The Constituency Boundaries Commission must, in the year following each official census, and may, at other times, review the boundaries of constituencies and determine whether or not the boundaries should be changed to give effect to the requirements of subsections 52(2) and (3).

 

(2) The Parliament may make laws relating to reviews conducted by the Commission under subsection (1), including laws requiring the Commission to give notice of proposed redistributions and to hear objections before making a determination.

 

(3) Upon the making of a determination on a redistribution, the Commission must report its findings to the House of Representatives, together with:

(a) a summary of any objections made to it; and

(b) the reasons for its determination.

 

(4) Subject to the jurisdiction of a court to entertain an application for judicial review, a determination of the Commission is final.

 

Voting and other matters

54.-(1) The election of a member for each constituency is conducted under the preferential system of voting known as the alternative vote.

(2) The Parliament may make laws relating to elections for the House of Representatives.