Former PM Peter O’Neill takes GE22 to court
News that matter in Papua New Guinea
Former PM Peter O’Neill
takes GE22 to court
PORT MORESBY: Former Prime Minister and Ialibu-Pangia MP
Peter O’Neill says the rights of at least 3.8 million citizens and hundreds of
candidates have been denied by the willful actions of a few power-hungry men.
The People’s National
Congress (PNC) party leader said this yesterday (Aug 4, 2022) after he filed a
Supreme Court application asking for interpretation on election-related matters
and for directions to ensure a fair completion of General Election 2022 (GE22).
O’Neil has put into
motions questions arising from Section 50 of the Constitution regarding
democracy suffering s a result.
PNG Cyber Monitor reproduces below the news break and a few GE22 news updates as published by The National:
Court asked if
election free, fair
August 5, 2022The
NationalMain Stories
The People’s National Congress (PNC) party leader said this yesterday after he
filed a Supreme Court application asking for interpretation on election-related
matters and for directions to ensure a fair completion of the General Election
2022 (GE22).
O’Neill has put into motion questions arising from section 50 of the
Constitution regarding democracy suffering as a result. Section 50 was
enshrined by the country’s forefathers so candidates and voters can have free
and fair elections.
According to the court document obtained by The National, O’Neill
asks the court to interpret whether the Organic Law on National and Local Level
Government Elections (OLNLLGE) allows for the return of writs to be fixed today
(Aug 5).
O’Neill also seeks the court’s interpretation on whether:
- THE effect of section 97 (2) of
the Organic Law on National and Local Level Government Elections in the
elections in electorates when no candidate has been elected by today are
deemed to have failed;
- THE electoral commissioner has
the power under the Organic Law on National and Local Level Government
Elections and elsewhere to extend the deadline of the writs may be
returned beyond today; and,
- IN the circumstances of GE22
(where a large number of writs have not been returned or are unlikely to
be returned, and such writs are likely to be returned given more time) is
it inconsistent with Section 50 of the Constitution for the EC not to
cause the date for the return of the writs to be further extended to
permit the outstanding writs to be returned. The court is expected to hear
directions of the matter on Monday (Aug 8) at 9.30am.
“As we know, millions have been denied the
right to vote and violence in this election has been the norm. Communities have
been and continue to be at war instead of participating peacefully in the
elections.
“The rushed nature of how these elections started with evidence of widespread
illegal ballots, suitcases stuffed with cash, illegal army uniforms being worn
and weapons brandished to intimidate voters and even killings to make voters
submit to a certain political persuasion have become the norm.
“The common roll was not updated and was late in being distributed. Senior
statesman such as Bart Philemon went to vote and was told, incredulously, that
he could not vote because he was not on the roll. Sadly, this story was
repeated around our country. In West New Britain election observers reported
that over 50 per cent of eligible voters were not able to vote.”
“In the application to the Supreme Court, an action I did not take lightly, I
seek clarification on the appropriateness of the first meeting of Parliament
(on) Tuesday and the legality of the invitation being extended to the party
with the most declared seats being able to nominate a candidate for the
position of the prime minister.
“I have also asked for the court’s interpretation of inconsistencies between
the Organic Law of Political Parties and Parliament Standing Orders in addition
to requesting the Supreme Court interpret and provide direction on the denial
of rights of many to have a voice in Parliament if the writs in their
electorate are not returned by Friday afternoon.”
Deadline extension
legal: Judge
August 5, 2022The NationalMain Stories
A JUDGE clarified
yesterday that the power to extend the deadline for the return of writs is
provided for under the Organic Law, and any decision by the Electoral Commission
cannot be challenged in court.
Judge Joseph Yagi said the decision to extend the deadline for the return of
writs from July 29 to Aug 5 was made by the Governor-General Grand Chief Sir
Bob Dadae on the advice of Electoral Commissioner Simon Sinai and the Electoral
Commission (EC).
“Sinai and the EC merely provided the advice and the head of state acted on
that advice to make the decision,” Judge Yagi said.
“The power to make the decision to extend the time is provided under Section 75
and Section 80 and, in particular, Section 177(1) of the Organic Law.
“In any case, any advice provided to the head of state by Sinai and EC are
protected and cannot be challenged in a court of law by virtue of Section 86(4)
of the Constitution.”
He made the remarks in the National Court at Waigani after refusing an
application filed by some Moresby North-West candidates to review the decisions
made by the EC to extend the return of writs, and for refusing to exclude from
the counting allegedly marked ballot papers from Ward One.
The candidates were Isaac Lupari, Dr Thaddeus Kambanei, Anna Bais, Jackson
Kiakari, Desmond Yaninen, Allan Nanguromo, Togaro Asiba and Walter Yangomina.
Moresby North-West assistant returning officer Tamasi Toua, returning officer
Vincent Manukayasi, National Capital District Election Manager Kila Ralai,
Sinai, the EC and the State were named as defendants.
During polling, concerns were raised about the threats against polling
officials by supporters of certain candidates, voter fraud, double voting,
underage voting, ballot box tampering and stuffing of ballot papers.
They were brought to the attention of Toua and Manukayasi who overruled the
objections.
The candidates then wrote a letter to Sinai on July 20.
On July 26, Sir Bob informed the public of the extension of the return of
writs. The plaintiffs’ lawyer Gloria Salika argued that the extension of the
return of writs was invalid and unconstitutional.
“Toua and Manukayasi had considered and deliberated on it and made a decision
overruling the objection,” she said.
“The same complaint was raised again with Sinai and EC.
“But for reasons best known to them, no decision has been made.
“The decision is pending and is outstanding.”
Judge Yagi said there was no arguable case in respect to the second decision.
He refused the application for leave to review the EC decision and ordered the
plaintiffs to bear their own costs.
Polling officials in SHP demand payment and allowances
By PETER WARI
ELECTION officials
counting votes for three seats in Southern Highlands downed tools yesterday
because of the non-payment of their allowances, but were persuaded by Returning
Officer Alwin Jimmy to return to work.
The three seats remaining are for Kagua-Erave, Nipa-Kutubu and the Southern
Highlands regional.
Jimmy and provincial administrator Jerry David explained to them the allowance
issue then persuaded them to continue the counting.
The officials fronted the gate at the Momei Oval counting centre in Mendi and
demanded that their allowances be paid.
David assured them that the provincial administration would pay them some money
through the provincial election steering committee.
He said the payment of allowances was being processed at the Electoral
Commission (EC) headquarters.
Jimmy said he was not consulted before the involvement of a Justine Norma to
sort out the allowance issue.
He therefore did not know how far it had progressed.
“The EC did not consult me and appointed another returning officer for
Kagua-Erave.
“The tally supervisors are not updating the tallies at the central tally,” he
said.
“They walk away with the tally.
“Most of them were chosen by candidates and are doing things on their own. They
are not feeding us information. I am feeling the pinch here.
“They have moved the counting to the Agiru Centre.”
Failed election likely: RO
By LULU MARK
THE chances of
completing counting for Moresby North-West seat before the 4.05pm deadline for
the return of writs today looks slim, says Returning Officer Vincent
Manukayasi.
He said it could be declared a “failed election”.
“Not sure I can do it.
“I just got a Whatsapp message that the courts have given me an order to count
the three disputed boxes in Ward One, but nothing in writing yet from the PNG
Electoral Commission,” he said.
“If we don’t complete the counting process and come up with a winner by 4:04pm,
then it will be a failed election.
“When there is a failed election then there is going to be a (supplementary)
election.
“There is a very slim possibility for me to complete everything before the
deadline.”
At 4pm yesterday, he said they had not completed the quality-check stage.
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