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← Module 5 · Campaign Finance and Legal Compliance
The Act defines political donation broadly. Under section 22(12), a political donation includes a donation of money or goods and services, a loan, credit facility, bond, share, negotiable security or property made at no charge to a registered political party or to a candidate.
This definition also covers donations made to a person acting on behalf of a political party or candidate, including a person involved in party administration, an office holder of the party or another person acting on behalf of a candidate.
In simple terms, a donation is not only cash placed in a campaign envelope. It may also be printing provided free of charge, use of a vehicle without payment, free advertising, a free venue, a loan, a credit facility, equipment, materials, office space or another benefit given to support the campaign.
Because the definition is broad, candidates should record both cash and non-cash support. If the support has value, ask whether it is a donation, who provided it and whether it is permitted.
Section 22 creates strict rules on who may donate. The safest basic rule is that political donations must come from individuals who are Fijian citizens or former Fijian citizens, subject to the annual limit.
Section 22(7) makes it unlawful for a political party, office holder of a political party, candidate, or agent, campaigner or servant of a political party or candidate to accept any political donation unless the donation is from an individual.
Section 22(8) makes it unlawful for those same persons to accept any political donation from a company, body corporate or any other entity. Section 22(9) makes it unlawful for a company, body corporate or other entity to make a political donation to a political party, office holder, candidate, agent, campaigner or servant of a party or candidate.
For candidates, this means you should know who the donor is. Do not accept a donation simply because a person says it is “from a group”, “from the business”, “from the committee” or “from friends overseas”. The law requires careful attention to source.
Section 22(2) says that, subject to the founding member exception in section 22(6), a Fijian citizen or former Fijian citizen must not make political donations exceeding $10,000 in any one year. This limit applies whether the donation is made to one or more registered political parties or candidates.
This means the limit is not simply $10,000 per candidate. It is an annual limit across political donations to political parties and candidates. A donor who has already given $8,000 to one campaign in the same year cannot lawfully give another $5,000 to another candidate if that would take the donor above the annual limit.
Candidates should therefore ask donors to confirm that the donation will not take them above the legal annual limit. A candidate should keep a written record of that confirmation. This is especially important where donors are active in more than one campaign or support both a party and individual candidates.
The Act distinguishes between Fijian citizens, former Fijian citizens and people who are neither.
A Fijian citizen or former Fijian citizen may make political donations, subject to the $10,000 annual limit in section 22(2). A person who is not a Fijian citizen or former Fijian citizen must not make a political donation to any political party or candidate for election to Parliament. This prohibition is in section 22(3).
Section 22(5) also creates an offence for a political party or candidate, including people acting on their behalf, to receive a political donation from any person who is not a Fijian citizen or former Fijian citizen, or to receive a political donation exceeding $10,000 from a Fijian citizen or former Fijian citizen. On conviction, the party or candidate may be fined, imprisoned, or both, and the amount is forfeited to the State.
The practical rule is clear: check citizenship status before accepting a donation. Do not accept campaign donations from people who are not Fijian citizens or former Fijian citizens.
Companies, bodies corporate and other entities cannot be used as donation sources.
Section 22(8) prohibits political parties, office holders, candidates, agents, campaigners and servants of a party or candidate from accepting political donations from a company, body corporate or other entity. Section 22(9) prohibits those entities from making donations. Section 22(10) also makes it unlawful for a company, body corporate or other entity to make a payment or contribution to an individual for the purpose of that individual making a political donation to a party, office holder, candidate, agent, campaigner or servant.
This means a campaign should not accept company money, company cheques, corporate sponsorship, donated goods from a business, free services from a company, or money passed through an individual on behalf of a company or entity.
If a business owner wants to donate personally, the campaign must treat the donation as coming from the individual, not the company, and should still check citizenship status, the annual limit and disclosure information.
The Act has a specific rule on advertising support from companies and other entities. Section 22(11) makes it unlawful for a company, body corporate or other entity to provide, and for a political party or candidate to accept, the full or part payment of advertising expenditure for a party or candidate. It is also unlawful to accept the waiving of all or part of payment for advertising expenditure.
This is important because campaign support is sometimes offered as a discount or free service rather than as cash. For example, a company might offer to pay for an advertisement, provide free billboard space, waive a printing or advertising bill, or allow the campaign to advertise without paying the normal charge. Section 22(11) is designed to catch these arrangements.
The practical rule is this: if the campaign buys advertising, it should pay for it properly from lawful campaign funds, keep the invoice and receipt, and ensure the advertisement is authorised as required by election law. Do not accept free or discounted advertising support from a company, body corporate or other entity if it falls within the prohibition.
Section 22(1) makes it an offence for a political party or candidate, or any person acting on their behalf, to receive any political donation from a foreign government, inter-governmental or non-governmental organisation, or multilateral agency.
Section 21 also limits lawful sources of funds. For political parties, section 21(1) excludes funds from a foreign government, inter-governmental or non-governmental organisation. For independent candidates, section 21(2) contains the same exclusion.
Candidates should be careful with overseas support, institutional support, project support, civil society support and organisational support. Even where an organisation supports democracy or civic education generally, it does not mean it can fund a party or candidate. Do not accept organisational money, services, travel support, campaign material, advertising or other resources unless it is clearly permitted under the law.
The Act excludes volunteer labour from the definition of political donation. Section 22(12) says political donation does not include the labour of any person provided to a registered political party or candidate at no charge by that person.
This allows people to volunteer their time. A person may help with calling voters, setting up chairs, organising meeting attendance, walking with the candidate, translating a message, monitoring social media or helping with logistics, without the value of that labour being treated as a political donation.
However, candidates should not stretch this rule too far. Volunteer labour is different from free goods, free transport, free printing, free professional services supplied by a company, or free advertising. If the support is not simply a person giving their own time, check whether it is a donation and whether it is allowed.
If a donation raises questions, pause before accepting it. Ask who is giving it, whether the giver is an individual, whether the person is a Fijian citizen or former Fijian citizen, whether the donor has already donated in that year, and whether any company, body corporate or other entity is behind the donation.
If money has already been received and later appears risky, keep a written record of what happened and seek advice immediately. Do not hide the donation, split it into smaller amounts, put it under another person’s name, or leave it out of disclosures.
It is better to reject a donation than to risk an offence. The penalties in section 22 include fines, imprisonment and forfeiture of amounts received in breach of the Act.
