Last month local media reported the leader confirming a government minister, Jiko Luveni, was going to join his Fiji First Party.
The Fiji Sun since reports Bainimarama clarifying the situation to Vanua Levu villagers during a tour of the country to sign up members for the party he hopes to register later this month.
The Sun also reports Dr Luveni has sought to clear up the situation, saying she had not yet submitted any application nor been nominated for the party.
Despite what appears to be blatant campaigning, Bainimarama has been keeping mum on the detail of his political party since announcing his plans to stand for election nearly a year ago.
Then he said the party would be made up of members of the current government and that he was confident of winning at the polls scheduled to take place before the end of September.
According to Fiji media reports, Bainimarama revealed during visits to villages in Lau, that his current minister of women’s affairs and social welfare, Jiko Luveni, would join his then unregistered and unnamed party.
Fiji’s Minister of Health Neil Sharma had also hinted he may join.
Labour Party’s leader Mahendra Chaudhry said announcing a party candidate ahead of registering a party puts the prime minister in contravention of the Political Parties Decree.
The decree imposes a fine of up to US$27,000 and a jail term of up to five years if an association of persons or an organisation operates or holds itself out to be a political party unless it has been registered as one.
Chaudhry says the party would like to see the regime leader register his political party as required by the law before he campaigns further.
“He hasn’t got a political party as yet therefore he cannot engage in active campaigning and engage in political activities.
“It is a contravention of the Political Parties Decree and I think the authorities here should take action in the matter – particularly the Electoral Commission should question the announcement and the conduct of Bainimarama.”
This week, the Fiji police confirmed they are investigating the regime leader for breaching electoral rules around campaigning without him being registered.
The police say he is also being investigated for allegedly displaying Fiji’s coat of arms on his campaign bus, going against the Coat of Arms of Fiji Act.
The complaint was brought by a member of the United Front for a Democratic Fiji, Mick Beddoes.
Police spokesperson Ana Naisoro says police cannot give a timeframe as to when their investigations will be completed.
She would not comment on whether Bainimarama can choose candidates or keep campaigning while the investigation is pending.
Beddoes says the police are obliged to investigate any complaint they receive, and his complaint against the prime minister should not be treated any differently.
Beddoes says for the election to be transparent, free and fair, all political parties must abide by the rule of law.
He says the attorney general, Aiyaz Sayed-Khaiyum, has outlined the very stiff penalties that any potential candidate or voter breaching the law will face.
But he says the regime is breaching its own decrees on a daily basis.
“They’re making a mockery of the rule of law. The idea of my complaint is to expose the shortcomings of the administration in enforcing the rule of law.
“They’re either going to enforce the rule of law equally to everybody, or they are not. And either way, the way they handle my complaints will tell us all exactly what we can expect.”
The Political Parties Decree also imposes stiff fines and a jail term on the media for reporting on aspiring political parties unless they’re registered and questions have arisen over whether recent reporting of the prime minister’s political plans could also contravene the law.
But the Fiji body responsible for policing the country’s media the Media Industry Development Authority has refused to answer questions about whether the media might be prosecuted.
The Electoral Commission has yet to comment.
Attorney General Sayed-Khaiyum, has rejected claims that the use of the emblem on Bainimarama’s Fiji First party bus is in breach of the Coat of Arms of Fiji Act, saying the UFDF is trying to seek publicity.
Bainimarama is currently travelling around Vanua Levu gathering signatures for his proposed Fiji First party.