Delay in issuance of election writs legal, says Kwa
News that matter in Papua New Guinea
Delay in issuance of
election writs legal, says Kwa
PORT MORESBY: Justice and Attorney-General Department
secretary Dr Eric Kwa says the two-week delay in the issuance of election writs
is within the constitutional powers of the election commissioner.
“There are no laws
stopping the electoral commission from delaying the issuance within the
confines of the law.
“The critical issue is
that the election must be held within three months from the date of the return
of writs of the last (general) election (General Election 2017) which is July
29,” he added.
Kwa said the commission
had, therefore, not breached the law (by delaying the issuance of the election
writs).
PNG Cyber Monitor reproduces below a few news updates on General Election 2022 (GE22) as published by by The National:
Writ delay legal: Kwa
April 28, 2022The
NationalMain Stories
Eric Kwa
By MICHAEL PHILIP
JUSTICE and
Attorney-General Department secretary Dr Eric Kwa says the two-week delay in
the issuance of election writs is within the constitutional powers of the
electoral commissioner.
“There are no laws stopping the electoral commission from delaying the issuance
within the confines of the law,” he said.
“The critical issue is that the election must be held within three months from
the date of the return of writs of the last (general) election (General
Election 2017), which is July 29, 2022.
“The commission has, therefore, not breached the law (by delaying the issuance
of the election writs).”
Electoral Commissioner Simon Sinai said a
major reason for the two-week delay in the issuance of election writs was the
creation of seven new seats.
“The seats were approved by Parliament last month.
“It is, therefore, just impossible for us to stick to the tentative dates set
earlier,” he added.
Sinai said department heads who alleged that the delay was a breach of the
Constitution “are wrong”.
“I see the situation as it is. So I must follow the legal process.
“This is the right time for me to speak after getting clearance,” he added.
Sinai said it was the commission’s responsibility to have the new boundaries
aligned, including the council wards, local level governments and the renaming
of the ballot papers.
“The ballot papers of the seven new electorates will be destroyed in front of
security personnel and relevant authority in the next two weeks.
“We will have them reprinted for the split electorates and have them named,” he
added.
Sinai said the Coronavirus (Covid-19) was another reason that had affected many
of the commission’s operations which had led to constraints in funding issues.
“Additional manpower will have to be allocated to cater for the short counting
period while the eight-week campaign period for the candidates will remain as
scheduled,” he added.
Prime Minister James Marape added that this was not the first time for the
general election to be deferred as it had happened in 2012.
“In 2017, the local level government elections was deferred by two years when
one talks about illegality or improper deferral.
“The Electoral Commission has the constitutional mandate to call for the issue
of writs as long as the return of writs happens with the fifth anniversary of
the last return of writs,” Marape said.
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No change to polling
days: Sinai
April 28, 2022The NationalMain Stories
THERE will not be a
reduction in the number of campaigning and polling days for this year’s general
election (GE22), Electoral Commissioner Simon Sinai says.
“The campaign period will run for eight weeks, from May 12 to July 9. Polling
will be for two weeks, from July 9 to 22,” he said.
“I will not rob time from the candidates by shortening the campaign period nor
will I rob time from the people to cast their ballots.
“We will speed up the counting process to meet the deadline on July 29.” He
said election candidates and the people should not worry as the two-week delay
in the issuance of election writs would not affect the number of days for
campaigning and casting of ballots.
“We have come up with a strategy to ensure that we complete the election on
time and have the writs returned on July 29,” he said.
Sinai said although the counting of ballots was set for July 23 to July 29,
“counting and polling will run simultaneously”.
“So we will speed up the counting process,” he said.
“Counting will be carried out in counting centres immediately after the last
ballot is cast for any seat.
“So we will appoint counting officials to travel with polling teams to all
polling sites.
“They will then head straight for the counting centres to count the ballots.”
CCTV to be used to monitor counting
Sinai said the counting process would be faster to meet the July 29 deadline
for the return of the writs.
“Counting will begin right after polling is completed,” he said.
“Counting will begin by local level governments with three boxes each.
“There will be CCTVs in all counting centres to ensure transparency.”
Meanwhile, the seven provinces in the Highlands, plus the National Capital
District and Morobe will have one-day polling only.
Sinai said this was because of the security issues experienced in past
elections.
The Highlands provinces and Morobe have been divided into zones.
Zone one: Morobe, Eastern Highlands and Chimbu. Zone two: Jiwaka and Western
Highlands. Zone three: Enga, Southern Highlands and Hela.
“The one day polling will not all happen on the same day, but will be done in
zones,” Sinai said.
“One day polling in zone one, then the teams move to zone two the next day, then
move to zone three.”
Manning: Election ops to proceed as planned
POLICE Commissioner
David Manning has assured senior officers that the security operations for the
general election will proceed as planned.
During a general election security operation meeting in Port Moresby last week,
he was briefed by provincial commanders on their preparations.
Manning said there was no room for complacency.
“Election operations are not a new thing to most of us and I’m sure your plans
are based on past operational experiences and imminent threat assessments in
your respective commands,” he said.
Manning said at times when the constabulary lacked resources, commanders must
use their experience and leadership to deliver a free, fair and safe election
environment.
“You have been bestowed this position based on your leadership and experience
and I have no doubt each of you will demonstrate those qualities during this
election period,” he said.
Manning said they were now moving from the planning to the operation mode.
“The election security operations will proceed as planned with no retreat,” he
said.
Manning said the security forces would deliver the election security operations
regardless of resource issues or changes to the election dates.
The two-day conference was attended by Manning, assistant police commissioners,
deputy commissioner operations Anton Billie and officers from the Defence Force
and Correctional Services.
Manning also appealed to everyone to be on their best behaviour during the
election period.
“Let us all work together to ensure a free, fair and safe election so that we
can safely elect our leaders for the 11th Parliament,” he said.
“We need the 11 million-plus Papua New Guineans to be disciplined to exercise
our democratic rights (to elect MPs).”
Manning urged candidates to tell their supporters to avoid any violence during
the campaign period and polling.
Police halt probe into MPs fraud cases during
poll
FRAUD-related cases filed against MPs have
been put on hold until after the general election, according to the National
Fraud and Anti-Corruption Directorate.
Acting director Chief Inspector Pare Kuiap said cases were often filed by the
MPs themselves against each.
“For this year, all cases have been put on hold, even new cases,” he said.
“This is to allow everyone an equal opportunity to contest the election.
“We are also putting the cases on hold because police manpower would be used
for election security operations.
“Currently, we only have about 30 who will all be deployed.
“I will be the only one remaining in the office to oversee work during the
election period,” Kuiap said.
“The 500 fraud cases were from 2021.
“The first quarter of 2022 (recorded) 100 fraud cases.”
Kuiap said the annual funding for the investigation of fraud cases was K150,000
“which insufficient”.
“Funding is one of the major challenges for the fraud squad,” he said.
“It makes it difficult for detectives to travel to locations to do the ground
work.
“The K150,000 can be used only for high-profile investigations. Our detectives
need to do physical inspection on the site to ensure sufficient evidence is
provided for arrest to be made but funding seems to be a hindrance,” Kuiap
said.
Court to hear special
reference on election
April 28, 2022The
NationalMain Stories
By CLARISSA MOI
THE Attorney-General’s
special reference filed in the Supreme Court seeking clarification on whether
convicted persons could contest a general election will be heard before a
five-man bench next week.
Justice Collin Makail presiding as a single judge directed the attorney-general
through Solicitor-General Tauvasa Tanuvasa on Monday to prepare and submit a
draft of the special reference book to parties which included former Madang
governor James Yali, Speaker of Parliament and the Public Solicitor by Tuesday
(April 26).
Justice Makail directed that if this was in order, the parties needed to
certify and return the special reference to the attorney-general who had to
file and serve yesterday.
The court also ordered the parties to file and serve written submissions and
extracts of arguments by Tuesday.
Justice Makail also fixed Tuesday for Yali’s objection to competency which was
filed on April 13 to be heard before the same court.
Earlier this month, the court granted leave to Yali, Speaker of Parliament and
the Public Solicitor to be parties in the proceeding.
Tanuvasa explained in court last month, when the matter was mentioned for a
directions hearing, that the special reference was filed as a result of the
case of Yali where the presiding judge advised that a special reference was
needed to interpret laws on convicted persons standing for general elections.
He said there was an issue on whether persons who were pardoned by the Power of
Mercy Committee were eligible to stand for office.
He told the court (last month) that the legal questions in the special
reference were around section 103 of the constitution and the Supreme Court
could help clarify.
Doc: Expect Covid surge during poll
April 28, 2022The NationalMain Stories
A CORONAVIRUS (Covid-19) surge is expected during or soon after the general
election period, hence the people and the health authorities should be on the
alert, says an official.
National Pandemic Response deputy controller Dr Daoni Esorom said the Omicron
followed by the Delta variants were the major concern, leading to high
community transmission.
He said the past four surges came after four to six months and it took two to
three months to recover.
“Most of the surges happened during big gatherings,” he said.
“That’s why the election is (a high-risk period).
“We are going to have mass gatherings not only outdoors but indoors too.
“So the advice to people is if they are indoors is to continue to wear a mask,
and even in crowded places outdoors.
“We need to also limit people’s movement.
“If it’s not necessary for you to go, then stay at home.”
He said they had already planned for the election period.
“We have enough personal protective equipment, masks, hand sanitisers, and are
also beefing up our rapid test kits,” he said.
“The system is there.
“We’ve been through this for the last two years.
“The most important thing is protection and the need to be vigilant.
“We are still in the pandemic,” Esorom said.
“Vaccination is critical for our high-risk groups including older people and
those with the existing diseases or medical conditions.”
As of April 24, 43,800 Covid-19 cases were recorded, of which 51 were diagnosed
in the past 14 days.
There were 741 Delta cases and 375 Omicron cases.
The total number of people who dies from the Covid-19 is 649.
Party not endorsing new candidates: Paita
Pati supporters
at the opening of the Pangu Pati convention at the Sir Ignatius Kilage stadium
in Lae yesterday. – Picture supplied
By JACINTA COHLEE
THE ruling Pangu Pati
will not endorse new candidates for the general election, Finschhafen MP Renbo
Paita says.
“We will stick to our current incumbents because they have built connections
and partnerships throughout the five-year term.
“I cannot work with new MPs because it will be like starting from scratch,” he
added.
Speaking at the launch of projects in Morobe’s Markham on Monday, the National
Planning Minister said: “The incumbent MP Koni Iguan knows the need I have for
the people and the same for their MP Iguan.”
He said delivering services and development for communities were very difficult
and the partnership between the MPs was crucial.
“The challenges are everywhere and the people must have a clear understanding
of what is happening.
“There can be a new elected representative but, he/she will not continue the work
of projects that incumbents had left behind.
The Pangu Pati is having its convention at the Sir Ignatius Kilage stadium in
Lae.
7 MPs contesting under different party banner:
Official
SEVEN MPs will be
contesting the general election under the banner of another political party,
according to the Integrity of Political Parties and Candidates Commission.
The commission’s director of funding John Bishop reminded candidates during the
PNG Party national convention last week of the importance of staying loyal to
one’s political party.
He confirmed that the seven MPs had left the political parties they won their
seats under during the 2017 general election.
One of them was the founder and leader of a small political party.
Acting registrar Emmanuel Pok could not be reached for a comment.
But an official in his office said they were waiting still to receive all the
proper documentation from the seven MPs.
Once they are found to be in order, then the commission will formally accept
their move to their new parties.
For MPs to join another party, they need to submit certain documents to the
commission.
Bishop said the successful candidates would have to declare their campaign
expenses within three months of the return of writs.
The Financial Analysis and Supervision Unit at the Bank of PNG, working with
the Ombudsman Commission, will be keeping all audited records.
No government funds to be released during
election: Officials
NO government funds will be released during
the election period unless clearance is granted by the Ombudsman Commission,
says Chief Ombudsman Richard Pagen and Ombudsman Kevin Kepore.
This will come into effect when the writs are issued on May 12, according to a
statement they issued.
The statement said the Ombudsman Commission had the powers under Section 27 (4)
of the Constitution to control expenditure and disbursement of public funds
specifically during the campaign period.
“From the date when the writs are issued to the date when the new government is
formed, and the new provincial executive council (PEC) and the district
development authority (DDA) have advised us of the change of bank account
signatories or otherwise,” the statement said.
“It should be noted that it is not a complete freeze of the public funds.
“The direction of the Ombudsman Commission encourages the continuity of service
delivery by the provincial and district administrations by way of the efficient
and effective implementation of PEC and DDA meeting resolutions.
“The main intent of this direction is to ensure that public funds are used for
the purpose they are allocated for and not for other purposes during the
election period.
“This will minimise public perception that public funds have been used for
personal purposes.”
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