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Waine plea on nomination set for ruling on
Friday
By JOSHUA ARLO
SIMBU regional candidate Dr Clement Waine
has asked the court to make findings that allow for flexibility to
nominate for public office.
His counsel Greg Manda made this submission in a trial hearing on his
election petition before Justice Mark Sevua at the National Court in
Waigani yesterday.
In his submission, Mr Manda asked the court to look into the provisions
88 and 89 of the Organic Law that might allow a person intending to run
for public office to nominate through a “consented and authorised agent”
if the intending candidate cannot physically be present before the
returning officer to nominate.
But he was told by Justice Sevua that that was an issue for the
Government to determine.
The judge pointed out that it was not the jurisdiction of the courts to
make such a finding as it would create a chaotic situation for the
elections.
Justice Sevua also told him that there was no law or provision in the
Organic Law that provided such and that the current law provided that
nomination be made in person because it was a private right to stand up
for public office.
Dr Waine, via telephone, consented for his brother to nominate him while
he was in the US, the court heard yesterday.
He could not travel to be physically present to nominate himself for
medical reasons.
His nomination was faxed from Port Moresby to Kundiawa where another
person then delivered it to the returning officer who accepted it some
hours before the close of nominations, the court heard.
Dr Waine’s name was then drawn and given the number 14 and then placed
on the list of candidates.
However his name was later struck out after the Electoral Commissioner
rejected the nomination.
Mr Manda submitted that the Electoral Commissioner could not do that
after the returning officer made a final decision to accept the
nomination.
He submitted that the returning officer was bound by his decision and
could not revise it.
But Justice Sevua said the Electoral Commissioner was of higher
authority than the returning officer and it was at the commissioner’s
discretion refuse a decision.
Justice Sevua also asked Mr Manda why his client’s case was an exception
to that normal practice and that if his client was wanted by his people
to represent them in Parliament, then he should have travelled to make
the nomination in person.
“If your client was called by his people to represent his people in
Parliament, then why wasn’t he here to nominate?” he asked.
He will make a decision on Friday.
 
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