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(2) Subject to subsections (3) and (4), in each general election of members of
Parliament, the seats in Parliament must be awarded to candidates in proportion to—
(a) the total number of votes cast for each political party contesting the general
election, which shall be determined by totalling the number of votes cast
for each candidate of that political party; and
(b) the total number of votes cast for each independent candidate, if any,
provided however that an independent candidate shall only be eligible to
be awarded one seat in Parliament.
(3) A political party or an independent candidate shall not qualify for any seat in
Parliament unless the political party or the independent candidate receives at least 5% of
the total number of votes cast.
(4) A written law shall make provisions relating to the election of members of
Parliament, including prescribing rules for awarding seats in Parliament under subsection
(2), that accord with an internationally accepted method for awarding seats to candidates
within an open list system of proportional representation.
Composition of Parliament
54.—(1) For the first general election of members of Parliament held under this
Constitution, Parliament shall consist of 50 members, elected in accordance with this
Constitution.
(2) For each general election of members of Parliament after the first general
election held under this Constitution, the Electoral Commission shall, at least one year
before any such general election, review the composition of Parliament and may, if
necessary, increase or decrease the total number of members of Parliament to ensure
that, as far as practicable, at the date of any such review, the ratio of the number of
members of Parliament to the population of Fiji is the same as the ratio of the number of
members of Parliament to the population of Fiji at the date of the first general election
held under this Constitution.
(3) In conducting a review under subsection (2), the Electoral Commission shall
have regard to the population of Fiji as ascertained from the most recent census, the
Register of Voters or any other official information available.
(4) If the Electoral Commission makes a determination to alter the composition
of Parliament in exercise of its powers under subsection (2), then the composition of
Parliament shall, for the purpose of the general election of members of Parliament to be
held after the date of the determination, be deemed to be amended to such number of
members as determined by the Electoral Commission.
(5) A written law may make further provisions to give effect to the review under
subsection (2).