Supreme Court questions A-G: Why now?

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Supreme Court questions A-G: Why now?

PORT MORESBY: The Supreme Court has questioned Attorney-General (A-G) Dr Eric Kwa’s filing of a special reference seeking clarification whether people convicted by courts can offer to contest in general elections.

“Why did the A-G wait till now … (when) the general election (is so near) to file this special reference? Are there any explanations for this?” Justice Collin Makail asked.

The court proceedings were reported by The National:

Supreme Court questions Kwa

March 15, 2022The NationalMain Stories

By CLARISSA MOI
THE Supreme Court has questioned Attorney-General (A-G) Dr Eric Kwa’s filing of a special reference seeking clarification whether people convicted by courts can offer to contest in general elections.
“Why did the A-G wait till now … (when) the general election (is so near) to file this special reference? Are there any explanations for this?” Justice Collin Makail asked.
Justice Makail was responding to Solicitor-General Tauvasa Tanuvasa, representing Kwa, who sought the court’s directions yesterday.
Tanuvasa said he was just acting based on directions he received from Kwa.
He added that the special reference was served on interested parties under Section 19 (1) of the Constitution which included the public, public prosecutor and the Constitutional Law and Reform Commission last week.
Justice Makail then asked if there were other potential interested parties who could intervene in the proceedings.
He then ordered Tanuvasa to serve the special reference on the electoral commissioner and the registrar of political parties.
Justice Makail also ordered those parties to file applications to intervene by April 1 and fixed April 4 for further directions.
Tanuvasa said last week that the special reference was filed as a result of concerns raised by the public.
“The A-G is concerned that there are interested parties or persons out there who might be standing for elections but have criminal convictions against them,” he said.
“And it’s for those reasons that the A-G has instructed us to file the special reference to get clarification from the Supreme Court as to whether persons who have been convicted are eligible to nominate or contest (in general elections).”
Tanuvasa also noted that the Supreme Court clarification would also help the electoral commissioner in his work to decide when ex-convicts file (to contest in elections).
He said it also raised other issues with regards to whether someone cleared by the power of mercy committee was also cleared from conviction.
“So this special reference is in a way trying to deal with the issue generally, so that everyone knows their status when wanting to contest in general elections.”

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