FICAC Clears Bainimarama, Koya of Political Parties Act Breach

The Fiji Independent Commission Against Corruption (FICAC) has concluded its investigation into former Prime Minister Voreqe Bainimarama and former Acting General Secretary of the FijiFirst Party, Faiyaz Koya, finding no breach of the Political Parties Act.

The complaint, referred to FICAC by Supervisor of Elections Ana Mataiciwa on 30 May 2024, focused on whether Bainimarama had violated the Act by continuing to act as party leader after his conviction on 9 May 2024, and whether the termination of 16 FijiFirst Members of Parliament should be invalidated.

FICAC confirmed that there is no provision in the Political Parties Act that disqualifies a person already holding party office at the time of their conviction. Section 5(3)(b) of the Act only disqualifies individuals who apply for a party position within five years of being convicted and sentenced to at least six months in prison.

“Mr. Bainimarama was already an office holder at the time of his conviction. He did not apply for a new office following his conviction; therefore, the disqualification clause is not applicable,” FICAC stated.

The Commission clarified that the relevant disqualification came under the Electoral (Registration of Voters) Act 2012. Bainimarama remained a registered voter until 14 June 2024, when his name was removed from the National Register of Voters following his sentence of more than 12 months’ imprisonment. This removal affected his eligibility to continue holding political office.

The second part of the complaint alleged that Koya, acting on Bainimarama’s instruction, directed FijiFirst MPs to vote against a parliamentary motion. However, the majority of the caucus claimed Koya used Bainimarama’s name without consent to influence the vote.

FICAC found that this was an internal party issue, outside its jurisdiction, and said such matters fall under the purview of the political party and the Fijian Elections Office.

FICAC also recommended amending the Electoral (Registration of Voters) Act 2012 to ensure that disqualification from holding political office takes effect immediately after a court judgment, rather than at a later administrative stage.

The Commission has closed the matter and reiterated its commitment to operating independently and upholding the rule of law without fear or favor.