The Electoral Commission has confirmed that it will independently determine whether its legal power to suspend general election campaigning has been activated before deciding whether to act on Prime Minister Sitiveni Rabuka’s request to halt campaigning.
In a written response to the Centre for Democracy & Dialogue (CDD) dated 6 October 2026, the Commission stressed that the Prime Minister’s communication was “just that: a request” and that the Commission remained constitutionally independent and free from the direction or control of any person or authority.
The response follows correspondence from CDD raising concerns about both the legality and democratic implications of suspending campaigning for Fiji’s forthcoming general election.
A key issue raised by CDD was whether section 15(2) of the National Referendum Act can presently be used at all.
That provision allows the Electoral Commission to suspend campaigning relating to the later of an election or referendum where the two events are scheduled on different dates. CDD has argued that the power cannot yet be exercised because no referendum polling day has been lawfully fixed under the constitutional and statutory process.
The Commission has now confirmed that, in considering the Prime Minister’s request, it will examine the scope of the section 15(2) discretion, when that discretion is activated, and whether the Commission should exercise it.
CDD considers the reference to when the discretion is activated to be particularly significant because it goes directly to the legal question raised in its correspondence.
CDD has argued that the Constitution Amendment Bill must first complete the process required by section 160 of the Constitution before the referendum can be constitutionally triggered. The referendum polling day is then formally fixed through the writ issued in accordance with the National Referendum Act.
The Commission has not yet made a determination on whether general election campaigning will be suspended.
Its letter also makes clear that it does not regard the referendum and general election as mutually exclusive electoral processes. The Commission said the two processes could, under favourable conditions, be conducted simultaneously without significant detriment to either.
The Commission further confirmed that preparations for the general election are continuing alongside preparations for the potential national referendum.
This is important because CDD has repeatedly warned that suspending an election campaign which formally commenced on 25 May 2026 would seriously affect the fairness and integrity of the electoral contest.
CDD has argued that political parties and prospective candidates have already structured their strategies, resources and public engagement around an election campaign period that is underway, and that interrupting the campaign midway would change the conditions of political competition after the contest has begun.
The Commission’s response also reinforces an important institutional distinction: the decision on whether to suspend campaigning belongs to the Electoral Commission, not to the Prime Minister or Government.
CDD maintains that the Commission must exercise that discretion independently, particularly because the Prime Minister and his political party are themselves participants in the election the Commission is responsible for administering.
The Commission has indicated that it will give the matter further consideration before making any determination.
CDD welcomes the Commission’s confirmation of its independence and its recognition that the question of when the section 15(2) power is legally activated must first be considered.
