67. Are there provisions for conflict of interests for candidates and/or elected officials?

Candidates who are public officers

57.—(1) A person who holds a public office is deemed to have vacated that office at the time at which his or her signed nomination as a candidate for election to Parliament is delivered to the relevant returning officer or to the person who under the laws governing elections is authorised to receive nominations of candidates.

(2) A person who has held office as a member of the Electoral Commission or as the Supervisor of Elections is ineligible to be nominated as a candidate for election to Parliament for 4 years after ceasing to hold that office.

(3) For the purposes of this section, “public office” means—

(a) any office in, or as a member of, a statutory authority, a commission, or a board established by or continued in existence by this Constitution or any written law;

(b) an office in respect of which this Constitution makes provision;

(c) an office established by written law;

(d) an office of a judicial officer or an office of any court or tribunal established by this Constitution or any written law;

(e) any office in a State service, including public service and the disciplined force;

(f) any office in a trade union registered under the Employment Relations Promulgation 2007 or any other written law (whether elected or appointed to that office, and including any position or arrangement under which a person receives remuneration, salary, allowances or fees from a trade

union);

(g) any office in any federation, congress, council or affiliation of trade unions (whether elected or appointed to that office, and including any position or arrangement under which a person receives remuneration, salary, allowances or fees from any federation, congress, council or affiliation of trade unions); or

(h) any office in any federation, congress, council or affiliation of employers (whether elected or appointed to that office, and including any position or arrangement under which a person receives remuneration, salary,

allowances or fees from any federation, congress, council or affiliation of employers).

(4) Notwithstanding anything contained in subsection (3), for the purposes of this section, “public office” does not include the office of the Prime Minister, the office of a Minister, the office of the Deputy Speaker, the office of the Leader of the Opposition or an office held by a Minister by virtue of his or her appointment as a Minister.

Source: Article 57, Constitution of the Republic of Fiji, 2013

Candidates who are public officers

24.—(1) A person who holds a public office (as defined in section 57(3) of the Constitution) is deemed to have vacated that office at the time at which his or her signed nomination as a candidate for election to Parliament is delivered to the Supervisor.

1. If any person to whom section 57(1) of the Constitution or to whom subsection (1) applies continues to hold, or is appointed to, any public office after the time at which his or her signed nomination as a candidate for election to Parliament is delivered to the Supervisor, then the nomination of that person shall be deemed to be invalid and that person shall be regarded as not been nominated for the election to which the nomination relates.
2. If any person to whom section 57(1) of the Constitution or to whom subsection (1) applies continues to hold the public office after the time at which his or her signed nomination as a candidate for election to Parliament is delivered to the Supervisor, then that person commits an offence and shall be liable upon conviction to a fine not exceeding $10,000 or to a term of imprisonment not exceeding 5 years, or to both.

Source: Article 24, Electoral Act 2014, Act 11 of 2014

(1) A member may not vote on a question in relation to which the member has a financial interest. If the member does vote, the vote may be disallowed by a motion moved, without notice, either immediately after the vote is completed or, if the Speaker sees fit, at a later sitting day.

(2) A member whose vote is impugned by a motion under this Standing Order may make a statement on the motion but may not vote on it.

(3) For the purposes of this Standing Order, the Speaker determines whether or not a member has a financial interest in the question.

Source: Article 56, The Standing Orders of the Parliament of the Republic of Fiji 2014

Constitutional and legal provisions prevent simultaneous candidacy and holding of a public office. Members of parliament may not vote on an issue in which they have a financial interest.