Has the Election Commission breached the Constitution in the conduct of GE22?
News that matter in Papua New Guinea
Has the Election Commission breached the
Constitution in the conduct of GE22?
PORT MORESBY: Papua New Guinea (PNG) Electoral
Commissioner Simon Sinai has controversially extended the deadline for the
return of General Election 2022 (GE22) writs to Friday (Aug 12, 2022).
The deadline expired
last Friday (Aug 5) and Sinai held a media briefing to announce that he was
using his powers to extend the deadline again.
The deadline had been
extended at least three times since July 29 and July 22.
Sinai said only 85 of the
118 writs had been returned and that the vote counts in the remaining 33 seats
of the 11th Parliament were still in progress.
The irony of GE22 is that
the maiden meeting of the 11th Parliament is scheduled for tomorrow
(Aug 9, 2022) to elect the prime minister, while the count of ballots for the
33 seats are still progressing.
PNG Cyber Monitor reproduces below the news break and a few GE22 news updates as published by The National:
Return of writs
extended, again
August 8, 2022The NationalMain Stories
PAPUA New Guinea (PNG)
Electoral Commissioner Simon Sinai has controversially extended the deadline
for the return of General Election 2022 (GE22) writs to Friday (Aug 12).
The deadline expired last Friday and Sinai held a media briefing to announce
that he was using his powers to extend the deadline again.
The deadline had been extended at least three times since July 29 and July 22.
Sinai said only 85 of the 118 writs had been returned and that the vote counts
in the remaining 33 seats of the 11th Parliament were still in progress.
The irony of GE22 is that the maiden meeting of the 11th Parliament is
scheduled for tomorrow to elect the prime minister, while the count of ballots
for the 33 seats are still progressing.
And the continuous controversies are expected to be exacerbated with election
petitions filed in courts by candidates and parties unhappy with the way GE22 was
conducted.
The legality of the extension of the deadlines for the return of writs has been
widely argued by politicians and lawyers, and their differing views are
expected to feature in court battles.
The question is whether the conduct of GE22, thus far, has breached the Organic
Law on the National and Local-lLvel Government Elections and the Constitution.
Politicians have started taking their grievances to courts, Sinai and the
Governor-General Sir Bob Dadae, extend the dates of the return of writs.
al Election 2022 writs.
On July 29, Justice Department Secretary and Attorney-General Dr Eric Kwa said
Sinai’s decision to change the date for the return of writs was valid and
according to the existing law.
He issued his statement in response to a July 27 statement by State Solicitor
Daniel Rolpagarea that upon the expiry of the July 29 deadline for the return
of writs, any seat which had no confirmed winner would be deemed as a failed
election.
He said this in a letter dated July 27 to Prime Minister’s Department Secretary
Ivan Pomaleu.
And Solicitor-GeneralTauvasa Tanuvasa, last Thursday, added more controversy
when he was quoted by the media as saying that seats for which writs were not
returned by 4pm would be deemed as failed because Sinai did not have any more
powers to make a third extension.
How then is Sinai claiming that he has the powers to further extend the
deadline again (to Friday Aug 12)?
Sinai said: “Writs for the seats yet to be declared will be legally binding and
still accepted by Sir Bob.
“We have been legally advised that we are safe and within the context of la. So
people should not be thinking otherwise about anything, for that matter.
“We should allow the Election Commission (EC) staff to have some level of
freedom in their way of doing things. The more pressure and intimidation there
is and people are only human so bound to make mistakes.”
Lats Friday, Sinai presented 85 writs to Sir Bob in Government House.
Hela, East Sepik, Morobe, Bougainville, East New Britain, Manus, New Ireland, West
New Britain, Milne Bay and Northern had completed GE22 with the return of all
writs.
“Our task is not finished yet. EC officials who are still working day and
night. So I urge everyone to please respect the electoral process, refrain from
intervening,” he added.
Tanuvasa: Only 85 MPs
allowed
August 8, 2022The
NationalMain Stories
ONLY 85 MPs should
attend Parliament tomorrow as their writs had been accepted by the
Governor-General Grand Chief Sir Bob Dadae last Friday, says Solicitor-General
Tauvasa Tanuvasa.
He added that electorates which did not meet the deadline would be deemed as
“failed”.
“Every electorate had the same amount of time from when the writs were issued
and time extended to Aug 5 at 4pm,” he said.
“It is by operation of the law that those writs not returned by Aug 5 are
deemed failed.
“The Electoral Commissioner (Simon Sinai) is considering a further extension
for those (33) writs not returned and has referred to Section 80 (2) of the
Organic Law.
“(But) this section of the Organic Law cannot be read in isolation to Section
105 and 126 of the Constitution, as the Constitution is the Supreme Law of PNG.
“We cannot flout the law just to accommodate everyone else.
“Any further extension would be unconstitutional.
“Everybody had the responsibility to elect new leaders irrespective of their
views and frustrations of how the General Election (2022) were being conducted
in their respective electorates.
“If they did not meet the deadline (Aug 5, 4pm) then they must bear the
consequences as per the law.
“For instance, Markham and Laigap, they resorted to violence. So they do not
have a leader when the formation of Government happens (on Tuesday, Aug 9).
“They (have) to bear the consequences of their actions.
“All along, they have been advised that they can go to the Court of Disputed
Returns if any candidate is aggrieved by the outcome of an election.”
O’Neill’s injunction
application refused
August 8, 2022The
NationalMain Stories
EVEN though at least 30 seats are
yet to be declared in the 118-seat parliament, the house can proceed with
tomorrow’s session because it has a quorum, a state lawyer says.
Solicitor-General Tauvasa Tanuvasa told the Supreme Court on Friday hearing a
case filed by Ialibu-Pangia MP Peter O’Neill questioning the legality of the
General Election 2022 (GE22) process, that more than 40 writs had been returned
– more than the quorum needed in Parliament.
Justice George Manuhu, sitting as a single Supreme Court judge, ruled that as
long as Parliament had a quorum, it could proceed.
The 85 members elected in the GE22 so far are expected to be sworn in tomorrow
and then elect a speaker and a prime minister.
According to a court document obtained by The National, O’Neill wants the court
to interpret whether the Organic Law on National and Local Level Government Elections
allows for the return of writs to be fixed for Friday (Aug 5).
He also seeks the court’s interpretation on whether:
- ELECTIONS in electorates where no candidate has been
elected by 4pm last Friday be deemed to have failed;
- THE electoral commissioner has the power to extend the
deadline the writs may be retuned beyond (last Friday); and,
- IT is 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.
Tanuvasa said the extension from July 29 to Aug 5 was
provided for under Section 81 of the Organic Law.
Tanuvasa also pointed out that the court could not interfere with the powers
and functions of the Electoral Commissioner.
He said Section 126 (6) stated that the Electoral Commissioner was not subject
to any person or authority.
He refused O’Neill’s request for a mandatory injunction to extend time for the
return of writs for the General Election 2022 (GE22).
O’Neill was represented by lawyers Greg Sheppard and Philip Tabuchi.
Justice Manuhu said an extension of time to allow for the return of writs was
acceptable, but not because of a pending case.
The substantive matter returns to court today.
Candidate bails 211 held at police station
Usino-Bundi Open
candidate Vincent Kumura addressing the team of recently bailed scrutineers at
Walium police station in Madang. – Nationalpic by GLORIA BAUAI
By GLORIA BAUAI
THE 211 men arrested at Walium
station in Madang on Thursday have been released on a K7,000-plus bail paid by
Usino-Bundi seat candidate Vincent Kumura.
Provincial police commander Acting Superintendent Mazuk Rubiang said they were
charged with assembling, inciting and provoking a breach of peace.
Mobile Squad’s Sergeant Tennyson Joseph said any election-related offence would
have been regarded as criminal under election laws.
But he said in this case, the large group meant more paperwork and cost in
putting together cases.
“They were (charged with) summary offences but all their particulars were taken
down to take to court for the issue of warrants,” he said.
“The open warrant will remain with the National Crimes Records data.”
Most of 211 were transported to then Jomba police station in Madang on Thursday
while a few remained at the Walium Police Station.
Sinai confirms North Bougainville by-election
ELECTORAL Commissioner Simon Sinai has confirmed that there
will be a by-election held for the North Bougainville seat after the passing
away of the winner William Nakin.
He clarified this after candidates who contested the seat with Nakin wanted a
supplementary election to be held instead.
“I don’t think it will be a supplementary election because somebody won the
seat but has passed away. So there needs to be a by-election,” he said.
Bougainville Election Manager Justin Pantumari told The National that
he was waiting for instructions from the Electoral Commission.
“I just did my job as I was mandated to do by law and I returned all the writs
before the deadline given,” he said.
“(The late William Nakin) won the seat because he was the sitting member.”
Nakin polled 14,266 votes after the 20th elimination to give him a clear lead.
Sinai said the by-election would be held once funds were made available.
Sinai also told The National that he also decided to accept the results for the
Wapenamanda and Kandep seats in Enga even after complaints were received.
“They’re disputed, but the power lies with us to accept them.
“ And given the time pressure and the checks that would have to go into
counting them again, I decided to accept them,” he said.
Marape remains PM until Parlt meets: Kwa
PRIME
Minister James Marape remains in the position until Parliament meets tomorrow
to elect a new speaker and prime minister.
Attorney-General and Justice secretary Dr Eric Kwa said the position would not
be a vacuum.
Kwa said there would no vacuum in terms of the office of the prime minister.
“Under Section 147 of the Constitution the prime minister remains in office
until Parliament elects a new one.”
Marape said a statement by People’s National Congress party leader and
Ialibu-Pangia MP Peter O’Neill on the issue “has caused a lot of confusion”.
“I remain the prime minister until the election of a new (one) by Parliament,”
he said.
He said O’Neill as a former prime minister should have known better. “He
himself should know as a beneficiary of Section 63 of the (organic) law for the
invitation to form the government,” Marape said.
“We know it is his constitutional right to go to court but he must know that
country is bigger than him.”
Marape said the Constitution provided the Organic Law to authorise the Head of
State to invite a registered party to form the government.
“With these provisions, the Governor-General invites the party with the highest
number of candidates to form the government,” he said.
“This was the case with the National Alliance party in 2002, 2007 and PNC in
2012 and 2017.”
He urged O’Neill to concede defeat instead of creating tension.
FORMER two-time prime
minister and incumbent Western Highlands Governor Paias Wingti has lost the
provincial seat he won back in 2012, going down to former deputy Wai Rapa.
United Resource Party candidate Rapa polled 125,110 votes to People’s
Democratic Movement party leader Wingti’s 114,857.
Wingti, 71, served as prime minister from 1985 to 1988, and from 1992 to 1994.
He became WHP governor in 1995. In the 1997 general election, he was defeated
by Father Robert Lak. But he defeated Lak in 2002 to regain his seat and the
governorship.
After he was declared the winner, Rapa promised to work with the four MPs and
ward councillors to provide basic services to the people.
“Western Highlands is a melting point for all the Highlands provinces but has
also been perceived as a hot spot for thugs and law and order problems.
Sinai: 85 writs enough to form Govt
PAPUA New Guinea Electoral Commissioner Simon
Sinai says the return of 85 writs to Governor-General Sir Bob Dade is
sufficient by law to form the new Government for the 11th Parliament.
Sinai explained to the media in Government House on Friday that it was within
the required number of writs above the absolute majority of 60 plus 25.
“With the 33 that are still in the process, the law gives me the power to
extend for the remaining seats to return their writs after they have completed
their elimination and declaration,” he added.
Sinai said, all 33 remaining seats were in the elimination process, which meant
that the primary counts had been completed and they were in the second count.
He said by today most of the counting would have been completed.
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