Status of ex-convicts to contest in general election still unclear
News that matter in Papua New Guinea
Status of ex-convicts to
contest in general election still unclear
PORT MORESBY: The Attorney-General’s special reference
to the Supreme Court seeking clarification on whether people convicted by
courts can stand for general election has been dismissed due to incompetency.
The hearing was before a
five-man Supreme Court bench comprising Chief Justice Sir Gibbs Salika, Deputy
Chief Justice Ambeng Kandakasi, Justice Les Gavara-Nanu, Justice Elenas Batari
and Justice David Cannings.
Solicitor-General
Tauvasa Tanuvasa said outside court that thy would refile the special reference
as the court had not dealt with the merits of the case, however, it was
dismissed based on an objection.
PNG Cyber Monitor reproduces below details of the court proceedings as published by The National and a few General Election 2022 news updates:
Convicted candidates
May 5, 2022The
NationalMain Stories
The hearing was before a five-man Supreme Court bench comprising Chief Justice
Sir Gibbs Salika, Deputy Chief Justice Ambeng Kandakasi, Justice Les
Gavara-Nanu, Justice Elenas Batari and Justice David Cannings.
Last month, the court allowed former Madang governor James Yali, Public
Solicitor Leslie Mamu, and Speaker of Parliament Job Pomat to be a part of this
proceeding.
Yali, through his lawyer Greg Sheppard, had objected that the special reference
filed on March 8 was incompetent, an abuse of process and should be dismissed
forthwith.
Justice Cannings on behalf of the bench upheld Yali’s objection, ordered that
the special reference was incompetent and be entirely dismissed.
The court also ordered that costs would be paid to Yali by the attorney-general
on a party to party basis.
Sir Gibbs said the court’s decision would not only affect this election but others
and so a full written decision would be made available at a later date.
Sheppard said that the special reference was incompetent given that it
contained an additional paragraph “in the matter of Constitution sections” when
the prescribed Form 3 made no provision for such statement.
He added that Form 3 also required the special reference to be dated next to
where the signature of the referrer (attorney-general) is, and in this case, it
has not been dated.
Furthermore, Form 3 also includes Form 17 and the purported Form 17 used in the
special reference was not in the prescribed Form 17.
Sheppard also noted that this special reference arose from a case in 2020 and
the attorney-general had two years but did nothing until the general election
was weeks away and the special reference was filed.
Solicitor-General representing the attorney-general said the special reference
was signed on the cover on March 7. Sir Gibbs, however, said that there was no
date on Form 3 and that Form 3 was a single document that had no cover.
“There is no date, the document speaks for itself,” he said.
“These are small things, but they matter.”
Justice Kandakasi said the absence of who was filing Form 3 and the absence of
the date made the special reference a defective one.
Mamu had not objected to the special reference because the objection book was
not served on his office.
He submitted that the cover of the reference book made up part of the
reference.
Justice Kandakasi said: “There are specific requirements on Form 3 that has been
omitted.”
He added that careful attention should have been given to every detail when
filing the special reference.
Pomat’s lawyer Steven Ranewa had not objected to the special reference, citing
a Supreme Court order 4 rule 2 that it did not strictly refer to date.
Ranewa however agreed that the form had no date.
Sir Gibbs also noted during the hearing that the attorney-general should not be
rushing to file this special reference just because the general election was
around the corner.
Solicitor-General Tauvasa Tanuvasa said outside court that they would re-file
the special reference as the court had not dealt with the merits of the case,
however, it was dismissed based on the objection.
He added that the special reference contained legal questions that required
clarification from the Supreme Court.
PWDs register to vote
May 5, 2022The NationalMain Stories
By LULU MAGINDE
SIXTY-eight Persons
with Disabilities (PWDs) can cast their votes this year, some for the first
time, after being registered on the common roll yesterday in Port Moresby.
Courtesy of the National Capital District (NCD) election office, the Papua New
Guinea Electoral Commission (PNGEC) and the NCD Disabilities Advocacy Agency
(NCDDAA), PWDs with their families, showed up in force to register per their
electorates at the National Museum.
On the confirmed list submitted to the NCD electoral office were 76 names,
eight of which were active voters, so the enrolment carried out yesterday was
for the 68 new voters.
Assistant election manager Roselyne Tabogani said that her office had arranged
for two 25-seater buses for the 76 expected registrants from the three
different electorates; Moresby South, Moresby North West and Moresby North
East.
New and first time
voters including persons living with disabilities waiting to register their
names in the common roll in Port Moresby yesterday. – Nationalpic by KENNEDY
BANI
This event followed
months of discussions between the NCD DAA, the PNGEC and the NCDC electoral
office, as those who
were able to make it to the venue on their own were waiting for the rest of the
group coming from Cheshire disability services or from the national
rehabilitation centre.
“According to the confirmed list submitted, we are expecting 76 of them and the
buses have been hired for the day so they can go and pick up anyone that was
left out along with their interpreters,” she said.
In attendance was NCD election manager Kila Ralai as well as officials from the
PNGEC, the International Foundation for Electoral Systems, as well as
representatives from the various organisations
for persons with disabilities in NCD.
There were four officers in total, three enrolment agents; two enrolling for
Moresby South, one for North East with a ward supervisor standing in for the
missing enrolment agent for Moresby North West.
“We will have them vote in their wards and location, so far we have had 16
active voters so those that were not on the list, we’re including them now,”
said Tobogani.
She said the updated lists from registrations would be handed over to the
polling officers, signifying that they were PWDs.
“During polling there will be three lines, the gender split lines and the
unseen (express), which will be prioritised for PWDs, the elderly and expecting
mothers,” she said.
“Come polling time they will be treated as normal voters but we will ensure
that officers are aware of their disability so that the team can know what to
expect and provide an interpreter if they should require one.”
Police ready for election
By REBECCA KUKU
Funding for the
election security operation is not an issue, says Police Minister William
Onglo.
Onglo said funding for the election security operation would be given out in
quarters, from the issuing of the writs to polling and counting.
He said this after concerns were raised by some provincial police commanders on
when the provinces would receive their funding for the election security
operations.
But Onglo said that the funds would be made available according to the planned
schedules.
“Learning from the past, we don’t want to release everything at the same time,
the money will be made available as election progresses in stages,” he said.
“But let me clarify that there is no issue with funding for the election
security operation.
“The provinces will get their funds, we have already spoken with them, they are
aware, so no there is no funding issue.”
One provincial police commander who spoke to The National anonymously
said that they needed the funds to launch their security operation and start
their pre-election security operation.
Warning over reports
May 5, 2022The NationalNational
GENERAL Election 2020
hopefuls are reminded to submit their election expenditure to the relevant
authorities, Integrity of Political Parties and Candidates Commission funding
director John Bishop says.
“It is a must for all winning candidates to submit their election expenditure
three months before polling day,” he said.
“Under the Organic Law, we have what is called the campaign finance, it is a
system that basically tries to minimise the level of corruption that might
occur as a result of funding,” he added.
Bishop said the Organic Law provided control in terms of candidates disclosing
how much they had spent and what did they use the money for.
He said after polling, candidates were expected to;
- REPORT how much they had spent;
and,
- REVEAL the main donors/sponsors
for funding.
Bishop said the
requirement was not to penalise the electoral winners but to only safeguard
them from any future investigations.
He said the commission needed to ensure that the election was conducted with a
high level of integrity.
“The process must not and should not be impacted or affected by any form of bad
practices like the previous elections,” he said.
“In 2012, three MPs were referred to the leadership tribunal.
“We then referred them to the Ombudsman and they referred them to the
Leadership Tribunal for failing to submit expenditure reports to the
commission.
“So this is just a reminder to candidates that there are penalties for failing
to submit expenditure reports.”
Bishop warned electoral hopefuls that an intelligence unit at the Bank of Papua
New Guinea would be working closely with the Ombudsman Commission to ensure
compliance.
ESP police get tough on alcohol
EAST Sepik police
commander Supt Albert Beli says there will be certain restrictions on the sale
of alcohol in the province with the issue of writs next Thursday.
He added that with polling and counting, there would be a complete ban on the
sale of alcohol.
Beli said that the increased number of trauma cases in the province remained a
concern.
Last month, the East Sepik health authority chief executive officer Mathew
Kaluvia confirmed that the number of trauma cases admitted at the main hospital
“keeps rising on a daily basis”.
He said statistics from last year had shown that the increase ranged from minor
injuries to life threatening and severe injuries.
According to Kaluvia, total admission for trauma cases last year was 593 and
non-trauma was 465.
He said common types of trauma were lacerations, fractures, head injuries and
penetrating chest injuries.
Kaluvia said the common weapons used to cause these traumas were bush knives,
kitchen knives, guns, wire sling shots, fishing spears, pieces of wood, iron rods
and stones.
“We (police) don’t need alcohol related incidents during the general election,”
Beli said.
“Once the writs are issued on May 12, there will be restrictions on the sale of
alcohol.
“From polling to counting there will be a total ban on the sale of alcohol.
“We want to see the people moving about peacefully to appoint their leaders.”
Beli added that government vehicles would not be allowed to be used for
campaigning.
New Ireland top cop urges people to use their vote wisely
A team to clean
Kavieng town as part of the New Ireland smart policing concept. – Picture
supplied
NEW Ireland police
commander Chief Inspector Felix Nebanat is urging people to identify and pick
leaders with ethical values and self-discipline in the coming election.
Nebanat said: “Before you cast your vote, you must ask yourself what the ideal
New Ireland is that you want to see, then ask yourself, who that person is
that, to your heart’s satisfaction, is capable of taking you to that place
where you achieve that change.
“You must look within yourself and analyse your own expectations of the person
who will not only represent you, but your children in Parliament for the next
five years.
“A true leader is defined by his character and not by handouts.
“Our province is home to two of the biggest mines which contribute greatly to
the nation’s purse, we must know our place in society and not lose sight of our
democratic right.”
Commission: Parties can be compensated for
party-hoppers
By LULU MAGINDE
THE amended Organic
Law provides measures for political parties to be compensated by Members of
Parliament (MPs) who switched parties in the midst of elections, Integrity of
Political Parties and Candidates Commission funding director John Bishop says.
“Specific administrative mechanisms have been put in place to address MPs hopping
from party to party,” he said.
“I am referring to the amendments to the Organic Law on the Integrity of
Political Parties and Candidates in 2017 that were introduced after a Supreme
Court decided that not allowing MPs to switch parties was unconstitutional in
2007.
“If a political party endorses a candidate during an election, spending
K200,000 for example, then the political party can claim for compensation from
that MP who party hopped, providing proper records as evidence.
“If a political party spends money on a MP, then the political party should
keep records of the expenditure because they are entitled to compensation from
the MP if he or she quits the party.”
Bishop said while revisions had been made, “they are yet to be approved and as
such stressed upon potential candidates to support the amendments if and when
they won”.
He said another provision was the way in which the Government funded political
parties the amount of K10,000 every year for every MP.
“When and if a member switched parties, the K10,000 that they received remains
with the party they left,” he added. Referring to the example of the 12 MPs
that left Papua New Guinea Party (PNG Party), Bishop said the party would still
be receiving the funding from the 12 MPs, as stipulated in the provision.
“This is to deter MPs from party hopping,” he said.
“There are more provisions in place to ensure that MPs do not party hop.”
OC urges protection of
funds
May 5, 2022The NationalNational
THE Ombudsman
Commission has urged provincial and district administrators to work closely and
co-operate with their respective provincial and district finance managers to
implement decisions and ensure that services are delivered in an efficient
manner.
This comes shortly after the Ombudsman Commission announced that the commission
would now invoke its powers under Section 27(4) of the Constitution to protect
public funds during the period of the general election.
Chief Ombudsman Richard Pagen said all public funds would not be released
unless clearance has been sought from the Ombudsman Commission for the release,
disbursement, transfer and/or receipt or payment of such
public monies, cheques or warrants.
“For any claims for funding of approved projects, the provincial or district
administration will have to prepare and furnish copies of the project
development form to the provincial executive council/district development
authority meeting resolutions and decision, the decision of the meeting budget
appropriation for the project and the contract,” he said.
“They must also give copies of invoice from the service provider for the
payment by the PEC/DDA and provide certified claims by Department of Works for
both minor and major contracts progressive payment.”
Pagen said while the main purpose of the direction was to protect public funds,
the direction would also protect the integrity of MPs and their respective
offices.
Parties in agreement over seats
TWO political parties
have announced that they respect what some leaders have been doing in terms of
service delivery and will not be fielding candidates to contest against each
other in Morobe’s Lae and Bulolo electorates.
United Labour Party (ULP) has announced that it will not field a candidate for
the Lae Open seat while Pangu Pati announced that it will not field in a
candidate for Bulolo Open.
ULP national president and Lae businessman Sir Bob Sinclair made the
announcement, saying ULP respected the prudent leadership of incumbent Lae MP
John Rosso.
Sir Bob said Rosso was a strong leader with stringent management.
He said Rosso’s leadership qualities and capabilities were displayed in the
physical infrastructural development taking place in Lae, the financial repair
and growth within the Lae district administration and the support that the
public and business community in Lae had given him since his election as Lae
MP.
Rosso, who is also the Lands and Physical Planning Minister, also echoed Pangu
Pati’s stance saying that party leader James Marape had assured that Pangu
would not endorse or support a candidate for Bulolo Open.
Political parties warned not to involve
students
By BRADLEY MARIORI
The Morobe Education division has warned, political parties, campaign
organisers and parents to not involve students during the campaign period in
the general election.
Morobe education minister and Sialum local level government (LLG) president
Bobby Tobby issued the warning saying the academic
year is into its second term and students learning should not be disturbed.
He said students’ right to learning should not be restricted because of the
election and students must not be used or must not be allowed to involve in
election related activities.
“I’m appealing to all candidates and their supporters to refrain and restrict
students’ involvement in the campaign period,” he said.
“Children’s education is important and should not be disturbed.”
Tobby also warned teachers against involving in the general election and urged
teachers in Morobe to be in the classroom full-time.
He said teachers have the right as citizens to be involved in the election
process but added that they must prioritise their duty as teachers to deliver
quality education.
He said school facilities must not be used for election purposes as this will
affect students and must not be allowed.
“I am warning schools against using school properties and facilities for
election related gatherings,” he said.
Keep politics out, pastors told
Big turnout … People
in Ramu, Morobe, listening to ULP Party leader Sam Basil speak at an event last
Wednesday. Basil was at Ramu to announce a ULP candidate. – Picture supplied
ABOUT 400 pastors from the Jabem district of
the Evangelical Lutheran Church of PNG (ELCPNG) have been warned against
promoting and supporting political parties during the general election.
ELC PNG Jabem district president Rev Yasam Aiwara issued the warning at the
27th Jabem pastors and Evangelists conference in Buang, saying that pastors had
the duty to unite the people through the sharing of faith using the doctrines
and teachings of ELCPNG.
Aiwara said it was not wrong for the people to support political parties but
added that party politics should not hinder the commitment and unity of the
congregation.
He said the pastors should be a middle person during the election.
“Pastors should not be seen to be used by intending candidates to gain the
favour of Lutheran people or Christians for that matter,” he said.
Meanwhile, Jabem pastors and evangelists posting committee chairperson Pastor
Stanly Daimei urged the pastors to accept their postings.
He said most of the time pastors were selective of where they wanted to be
posted and came up with excuses and play delay tactics.
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