More allowed to join in case of whether those convicted by courts can stand for general election

News that matter in Papua New Guinea

 Supreme Court to rule whether those convicted by courts can participate in general elections in Papua New Guinea.

More allowed to join in case of whether those convicted by courts can stand for general election

PORT MORESBY: The Supreme Court has allowed the Parliament Speaker, former Madang governor James Yali and the Public Solicitor to join as parties in the matter of a special reference.

Justice Collin Makail, presiding as a single judge, ruled yesterday (April 7, 2022) in the matter of the special reference filed by Attorney-General Dr Eric Kwa seeking clarification on whether people convicted b y courts could stand for general elections.

Details of the court proceedings were reported by The National:

Yali joins eligibility challenge

April 8, 2022The NationalMain Stories

A COURT has allowed the Speaker of Parliament, former Madang governor James Yali and the Public Solicitor to join as parties in the matter of a special reference to the Supreme Court.
Justice Collin Makail, presiding as a single judge, ruled yesterday in the matter of a special reference filed by the Attorney-General Dr Eric Kwa seeking clarification on whether people convicted by a court could stand for election.
Yali’s lawyer Philip Tabuchi submitted that leave should be granted to Yali to join as party in this matter because the outcomes of this proceeding would in one way or another affect him as he intended to contest the Madang regional seat in the election.
Tabuchi also submitted that the background of Yali’s case gave rise to this special reference, therefore, leave should be granted for him to join as a party to this matter.
Solicitor-General Tauvasa Tanuvasa, representing Kwa, argued that although the special reference did refer to Yali’s case, it was not about him.
Tanuvasa said the special reference contained legal questions that the Supreme Court could help clarify.
Nathan Hukula from the office of the Public Solicitor submitted that his office dealt with criminal matters which included convicted persons.
Justice Makail granted leave to the three parties after hearing submissions and ordered the parties to file notice of appearance and file any affidavits that they would rely on by April 14.
All the parties had agreed to file a statement of response by April 14. Court also ordered that if there were any issues in the statement of facts, those should be raised so that Tanuvasa could prepare a statement of aggrieved and disputed facts by April 21.
The matter returns to court on April 22 for listings.

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