By NIDRA KEWERE MAPI
LAWYER-turned-politician Powes Parkop will know next month whether he can continue as governor of the National Capital District.
The question will be decided by National Court judge Gibbs Salika when he rules on Mr Parkop’s eligibility to contest in the general election this year.
In his petition, former governor Wari Vele claimed that Mr Parkop was still a serving member of the PNG Defence Force when he contested and won the NCD Regional seat.
He said that under Section 67 of the Defence Act, Mr Parkop was required to resign from the PNGDF before he could stand for elections.
During a two-day hearing last week, Mr Parkop’s counsel said his client was only a reservist and not a full-time member of the PNGDF as claimed.
Furthermore, Kelly Naru said Mr Parkop was only enlisted for special duties in which his legal services were required, representing PNGDF soldiers at Moem Barracks in Wewak.
His engagement was for a specified duration but in view of the nature of the task, it had taken longer, he said.
Mr Naru also argued that Mr Vele’s contention was invalid as the Defence Act was not part of the Constitution.
He said the Constitution was made up of constitutional laws and organic laws and the Defence Act was an Act of Parliament
“The matter should be determined under section 103 (F) of the Constitution which states that a person is not eligible to be a Member of Parliament unless he is terminated and not based on Section 67 of the Defence Act,” he said.
Aloysius Jerewai, counsel for Mr Vele, said the Defence Act was part of the Constitution and for Mr Parkop to be elected as MP, he had to cease being a member of the PNGDF at the time.
He said investigations showed that Mr Parkop was still on the PNGDF payroll which made him a member.