Bid to stop newly amended general election-related law rejected
News that matter in Papua New Guinea
PORT MORESBY: Justice Collin Makail says that contesting
in general elections is a personal choice.
“If a member of a Local
Level Government (LLG) decides to contest in a general election, he (or she)
has two options. Either to remain a member of the LLG so that he is not
disqualified by virtue of the new law.
“Or (get) nominated to
contest and surrender the office of the LLG,” he added.
Justice Makail then
dismissed an application by the councilor and ward council president of Mt
Hagen rural LLG Wai Rapa to temporarily stop the LLG amended act that was
recently passed by Parliament.
Details of the court
proceedings were published by The
National.
PNG Cyber Monitor reproduces below a few news updates on Papua New Guinea’s coming General Election 2022 (GE22) as published by The National:
Court throws out
challenge
May 11, 2022The
NationalMain Stories
JUSTICE Collin Makail
says that standing for general election is a personal choice.
“If a member of a local level government (LLG) decides to contest the general
election, he has two options: to either remain a member of the LLG so that he
is not disqualified by virtue of the new law.
“Or nominate to contest the general election and surrender the office of the
LLG,” Justice Makail said.
He said this yesterday when dismissing an application by the councillor and
ward council president of Mt Hagen rural local level government Wai Rapa to
temporarily stop the Local Level Government amended Act which was recently
passed by Parliament.
Rapa, through his lawyer Carl Kuira said that he would be directly affected by
the amendments to section 14 of the Local Level Government Administration Act.
Kuira added that this would also affect every other local level government
member or councillor who wished to contest the general election.
He said this also breached their Constitutional rights to stand for general
election.
Solicitor-General Tauvasa Tanuvasa, representing Attorney General Pila Niningi,
said temporary orders should not be granted because the law had already been
passed in Parliament.
He added that the substantial matter was yet to be heard before a full Supreme
Court bench.
Tanuvasa also stated that there was no evidence that every other local level
government council or member had supported Rapa hence it would not be correct
to say that this law would affect every other person.
Justice Makail said that the right under section 50 of the Constitution was
intact, preserved and available at all times and was no way affected by the
amendment of the LLG Act.
“Members of the local level government are elected and are representative of
their people,” he said.
Justice Makail also noted that under the Public Service Management Act, public
servants who hold public office must resign if they wished to contest the
general election.
He also noted that before the amendment of the Local Level Government Act,
there was no equivalence of such law in the third level of government.
Justice Makail said whether a member of a LLG could continue to hold office and
nominate to contest the general election had been an ongoing issue between the
local level government and the national government.
“The new law is in no way in breach or denial of a local level government
member or president’s rights to Constitution, it all comes down to personal
choice.
“By passing this law, the Government is willing to fund the by-elections for
persons who resign, and as a result, leave vacancies.
“For the court to intervene, I should say that the law has been passed and now
giving effect to, it is not a proposed law.
“Rapa is asking the court to go into the domain of the Parliament and the court
should be slow to grant such an application.
“The Supreme Court will decide whether or not this law is constitutional, but
it is a separate matter,” Justice Makail said.
Fire service on alert
PNG Fire Service
Commissioner Bill Roo says his team will be on alert throughout the election
period.
“We will be on alert 24 hours a day and 7 days a week,” he said.
“All our 16 fire stations nation -wide will be on stand-by should there be any
emergencies.”
Given past experiences where there were cases involving violence and
destruction of properties, he gave his assurance that his team would be working
around the clock to assist police.
“Most of our officers are police reservists so we will release them to help
police throughout the duration of the election.”
The commissioner said although they were not a part of the Joint Security
Taskforce, they would do their very best to extend their services where it is
needed.
Niningi refiles court reference on convicted
candidates
REGISTRATION TIME …
The National Capital
District provincial electoral team led by assistant election manager Roselyn
Tabogani have conducted a one-day enrolment for people with disabilities (PWDs)
at the National Museum and Art Gallery in Port Moresby last week. A total of 68
PWDs had registered on the electoral roll and were ready to vote. Isabella Kila
(front left), a 26-year-old participant, said: “As a citizen, I need to enrol
to exercise my democratic right in choosing a leader of my choice that can make
a difference.” She urged the government to ensure the polling places were safer
and secured for people living with disabilities to vote. Pictured is Moresby
North West ward supervisor Tauno Lahui registering Isabella’s details.
ATTORNEY-GENERAL Pila Niningi has refiled
another special reference in the Supreme Court to seek clarification on whether
people convicted by a court can stand for general election.
Solicitor-General Tauvasa Tanuvasa representing Niningi, appeared before
Justice Collin Makail yesterday and advised him that the previous one was
dismissed last Wednesday due to incompetency issues.
He said that the special reference filed on May 5 was served to parties on
Monday.
Those parties included the Public Solicitor, Public Prosecutor, the Speaker of
Parliament, Electoral Commission, Powers of Mercy Committee, Registrar of
Political Parties and the Constitutional and Law Reform Commission (CLRC).
Tanuvasa informed the court that this special reference was filed for the
benefit of the people of Papua New Guinea and could be heard at the court’s own
timing.
He further asked the court for directions to progress the matter.
Justice Makail then ordered parties to file application to intervene by May 12,
and fixed May 13 for the matter to return to court.
Tanuvasa said the special reference contained legal questions that needed
clarification from the Supreme Court on the eligibility of those people who had
been convicted by a court.
Monitor children:
Yanis
May 11, 2022The
NationalMain Stories
Yanis said based on lessons learnt from past elections, the office of child and
family services urged parents and guardians to monitor their children’s
whereabouts during the election period.
“In the past, there were an increase in reports of missing children, sexual
offence/abuse cases involving minors and even some forced child marriages as a
result during and shortly after the election period,” he said.
“During elections, we have so many activities going on and children are often
misled or tricked into following their friends, relatives or even strangers to
places that can be harmful for them, especially young teenage girls from 12
years of age to 18. So I am appealing to all parents to keep a close watch on
their children.”
Yanis also said that the Office of Child and Family Services would be open and
working normal hours throughout the election period.
“All our child protection officers (CPOs) will be on high alert, all provinces
and district offices will also be open,” he said.
“If you hear, see or know of any child under the age of 18 who is being abused,
mentally, physically or sexually during the election period do not hesitate to
report them to the nearest child protection office. Remember protecting
children is everyone’s business.
“Think of our children when you are at the polls, and vote wisely.”
Candidates advised to submit all documents
ACTING Political
Parties Registrar Emmanuel Pok has urged candidates endorsed by political
parties to ensure they submit all necessary documents to the Integrity of
Political Parties and Candidates Commission (IPPCC).
Pok warned that failure to do this would result in candidates being listed as
“independent”.
He said the forms intending candidates had to submit to IPPC were forms 23, 29
and 30.
Pok said candidates endorsed by a political party needed to ensure the
“political party endorsement” section of Form 23 was completed, which included
the signature of the public officer of the political party endorsing the
candidate.
“Any intending candidate who is endorsed by a party must also submit Form 30 –
political party information. Form 30 can be submitted before the nomination
period or at the time the intending candidate submits Form 23 during the
nomination period,” he said.
“A photo of the party leader may appear on the candidate poster alongside the
affiliated candidate.
“So the party leader’s photo must also be provided by the party to Electoral
Commission headquarters.”
Nominate at districts, candidates told
THE Morobe election
office is urging intending candidates for open seats to nominate at nomination
venues in their districts.
Assistant provincial election manager Fredah Joses said candidates who wished
to contest open seats in the province had to present at their respective
district administration headquarters to nominate.
“Our stance is, we are encouraging everyone to make their way to their
respective electorates and nominate there,” she said. “Our job is to facilitate
the process. We encourage those who intend to contest open seats to go back to
respective nomination venues and nominate.”
The nomination venues are Lae district administration for Lae and regional;
Bulolo town for Bulolo, Wau rural LLG office for Wau-Waria, Gagidu for
Finschhafen, Selepet for Kabwum, Mutzing station for Markham, Kome for
Menyamya, Boana for Nawaeb, Sialum for Tewae-Siassi and Huon district office
for Huon Gulf open.
Open seats will be processed at district headquarters.
Police to watch over nomination sites in Port
Moresby
By CRETILDA ALOKAKA
Logistics personnel
prepared for elections … The Electoral Commission in a statement says that the
provincial logistics assistants play a major role at the provincial level,
especially during the general election period. The commission said provincial
logistics assistants would assist and enable electoral officials provincial and
government officials conduct the electoral process. The workshop for the
provincial logistics assistants was held in Port Moresby last week to prepare
for the elections and be aware of challenges they would face. – Picture
supplied
POLICE officers will be stationed at four
locations during the nomination period in Port Moresby, National Capital
District Metropolitan Supt Gideon Ikumu says.
Ikumu told The National yesterday that police officers would be present at the
following four nomination locations: Hohola Rugby League Field for Moresby
North-West, Sir Hubert Murray Stadium for Moresby South, recreational field
opposite Boroko Foodworld for Moresby North-East and Sir John Guise Stadium for
the regional.
He said security would be maintained at all sites and added that there was no
need for police escorts for candidates.
Ikumu urged candidates and their supporters to be civil and not boisterous or
disruptive during the electoral process.
“Some people might use speakers or hailers and this can disturb the community,
so after 10pm there should be no noise,” he said.
“Drunk and unruly behaviours of supporters must be controlled by their
candidates.”
Ikumu said the assigning and recruitment of police officers for the general election
was underway.
“In NCD, we were looking at 1,300 officers to be deployed to elections but with
the recruitment underway, the total should be 1,500 officers,” he said.
Ikumu said the disciplined forces had their own budget.
“Papua New Guinea Defence Force, Correctional Services and police have their
own budgets,” he said.
Ikumu said soldiers would be deployed to the Highlands, however, the use of
PNGDF personnel elsewhere would be the responsibility of local organisers.
“If the police are to deploy soldiers then either us or the provincial election
steering committee will have meet the cost,” he said.
ICA suspends spot
checks
May 11, 2022The NationalMain Stories
Stanis Hulahau
IMMIGRATION spot
checks have been suspended temporarily during the general election, Immigration
and Citizenship Authority chief migration officer Stanis Hulahau says.
“Business houses are therefore advised to report any person or persons claiming
to be officers conducting spot checks,” Hulahau added. Hulahau said in a media
statement that he had received complaints from business houses in Port Moresby
that some members of law enforcement agencies claiming to be immigration
officers conducted unsanctioned spot checks operations over the weekend.
“We are investigating the complaint to bring to book the impersonators,” he
added.
“As we approach the general election, we had ceased all spot check operations
temporarily from April 15 until after polling.
“During this period, business houses must be cautious about engaging with
anyone who claims to be an immigration officer,” Hulahau said.
“If you have been approached by an officer claiming to be from the Department,
make sure to get their full details and email my office directly,” he added.
Nominations in Porgera to go ahead despite
risks
By REBECCA KUKU
NOMINATIONS for the new Porgera-Paiela electorate will open at 4pm tomorrow as
planned, district administrator Jerry Maku says.
Maku, who is also the electorate’s assistant returning officer, told The
National that nominations would go ahead despite security issues in light of
fighting between two clans over the ownership of land at the Porgera mine last
week.
He said police reinforcements as well as military personnel were on the ground
to maintain order and ensure a peaceful election process.
“They will be with us throughout the election, so we will proceed with the
nomination at 4pm, tomorrow.”
Maku appealed to intending candidates to work with him to deliver a safe,
secure and fair election.
He said the electorate’s returning officer was in Wabag but was expected back
in the electorate today.
“Nominations will be done at the Porgera district office, we will not be
accepting nomination fees in cash.
“So I urge those who want to nominate to please pay their nomination fees at
the BSP bank and come in with your receipts during the time of nomination,”
Maku said.
He said as the local BSP branch had been closed, payments would have to be done
at the Mt Hagen branch in Western Highlands.
Maku appealed to the candidates to ensure that their supporters behaved well
during the nomination process.
He said people in Porgera-Paiela were excited about their new electorate and
were looking forward to the opening of nominations.
Young leader wants a prosperous PNG free from
corruption
Triumph Heritage
Empowerment party founder and Kandep MP Don Polye and with party-endorsed
candidate for the Morobe Regional seat Ezra Kelly. – Picture Supplied
By LULU MARK
THE Triumph Heritage
Empowerment (THE) party endorsed economist Ezra Kelly, 32, as its candidate for
the Morobe regional seat over the weekend.
Party founder and Kandep MP Don Poly and its parliamentary leader and
Karamui-Nomane MP Jeffery Kama were among those at the party’s fundraising
dinner where Kelly was introduced.
Kelly, from Sialum in Tewai-Siassi, served in the public service for about 10
years, has extensive leadership experience in the community from running small
to medium enterprise (SME) support programmes to revitalising farming
activities.
His long-term vision is to see PNG become a country of love, happiness and
prosperity. And to get there, the medium-term goal was to eradicate corruption,
he said.
Polye said the biggest challenge in PNG was corruption.
“This is from the man who has been on the floor of Parliament, in the systems
working for the last 20 years I am telling you,” he said.
“I am seeing this is just a nightmare, it’s cancerous.
“People have made it (corruption) normal.
“The public servant and the politician, they collaborate to steal money from
(the people) and it’s happening all the time.
“This country is not running out of money, it’s not a cash-flow situation or an
economic issue.
“It’s an issue of morality, honesty, stealing from people and corruption is the
issue.
“This country is in a mess, departments are all over the place and public
servants are ill-disciplined.”
Polye said the party was endorsing 40 candidates of which two were females.
Parties sign code of
conduct
May 11, 2022The NationalMain Stories
Electoral Commissioner Simon Sinai said that the code of conduct sought to
improve the integrity of the general election.
“It sets out written guidelines to govern the conduct of political parties,
candidates, party scrutineers and supporters during the nomination, campaign,
polling, scrutiny and even after the elections,” he said.
“The PNG Electoral Commission wants cooperation among all electoral
stakeholders so we can deliver a genuine and safe general election,” he said.
Sinai said that the Code of Conduct was non-obligatory and non-binding and the
electoral commission does not have the authority to enforce the code or impose
sanctions.
“However, we want to promote an orderly conduct of election and I call on all
political parties, candidates, scrutineers and supporters to read the 10-page
Code of Conduct booklet and follow and respective election laws and
regulations,” he said.
Acting Political Parties Registrar Emmanuel Pok said that political parties and
their candidates and supporters were key players in the election process.
“They (political parties and their candidates and supporters) have the greater
responsibility to make the election free, fair and safe for all stakeholders to
participate in,” he said.
Copies of the Code of Conduct booklets can be picked up from the PNG Electoral
Office and the Integrity of Political Parties and Candidates Commission office.
Party to reveal 40 candidates
The Country Party will
announce its 40 candidates which includes three females for this election in
Goroka, Eastern Highlands today, according to president Nelson Duwabane.
Duwabane said the party did not look for candidates or considered those who
contested under different parties in previous elections.
“We will endorse 40 candidates who are party members and subscribe to its
philosophies and policies and as party members, provide advice, formulate
policies and make suggestions to the Parliamentary Wing apart from exercising
the right to vote and contest for public office.”
From 2002-17, the Country Party has won at most four prominent or interesting
seats such as Kompiam Ambum, Anglimp South Waghi, Rai Coast, Chuave, Goroka,
Lufa, Kerema and Gulf.
Despite PNG progressing well with only Panguna mine and Ok Tedi till 1990 and
now with a lot of mining projects from Sepik to Milne Bay and hydrocarbon from
Gulf to Enga, Duwabane said it has not provided economic stability.
He added that the party visions for economic independence for every citizen of
the country and that can only be achieved through better land utilisation in
agriculture, forestry, fisheries, arts and culture in the general elections.
Maru agrees with delay of writs
YANGORU-Saussia MP
Richard Maru says the deferral of the issue of writs to tomorrow has given
ample time to provinces to complete updating their common rolls.
Maru said such decision should not be considered as a delay in the election
process but a way to prepare properly.
“People can have opinions towards the deferral,” he said.
“Only if we understand the law then we won’t be debating on the topic because
we all will understand that his (Electoral Commissioner) decision is
constitutional.
“We don’t want to rush things up.
“Time is not on our side and the decision by the commissioner for the deferral
is okay.
“Now we have all the provinces complete their roll updates and are ready to
vote.
“We want every citizen to vote and not be left out.
“Every single votes matter. Let them exercise (their rights to vote).
“It is through the people that we are able to see the next government form,” he
said.
Maru, the People’s First Party (PFP) leader, also raised concern regarding
security before the PNG Electoral Commission.
People’s National Congress party leader Peter O’Neill shared similar views
earlier, saying security needed to be beefed up in areas that had disturbances
in the past.
Dept: Provinces advised to hold appointments
LAUNCH … Integrity of
Political Parties and Candidates Commission acting registrar Emmanuel Pok and
deputy electoral commissioner John Kalamoroh escorted by Central dancers in
Port Moresby on Monday. Pok and Kalamoroh launched the 2022 Code of Conduct for
political parties, candidates, scrutineers and supporters. Pok said that
political parties and their candidates and supporters were key players in the
election process. – Nationalpic by NICKY BERNARD
THE Department of
Personnel Management (DPM) issued circular last week directing all provincial
administrators, to hold appointments of district administrators and other
changes until after government is formed.
Secretary Taies Sansan said the decision was made to ensure stability and
continuity during and after the general election period.
This means proposed changes to current acting district administrators will
cease until a new Government is formed.
The other directions are:
- ALL selection and recruitment
of new district administrators following proper processes are to be
completed in consultation with the DPM and the Department of Provincial
and Local Level Government before the date of the issue of writs (as open
members) are part of the process; and,
- FAILING the completion of the
process above, the selection process is ceased until the formation of the
new Government (new open member can be consulted).
Sansan said provincial administrators were the appointing authority when it came to the appointment of district administrators, as outlined in the Public Services (Management) Act and the Public Service General Orders.
She reminded provincial administrators to exercise caution due to the impending general election and conduct such selections and appointments with care that may not jeopardise the operations of the public service machinery in the provinces and districts.
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