Writer wrong, NEC does not have power to change fees

Letters

I WRITE to clarify issues of law misconceived in the opinion of Manasseh Makiba of Waigani in a letter titled, “Increase in election fee a good filtering process” (The National, Nov 29).
Makiba was of the view that Section 50 of the Constitution is a qualified right because Section 38 of the Constitution requires the exercise of the right to stand for public office to be regulated or restricted by another law.
He then said that “one of such regulations or restrictions of the right to stand for public office is to increase the election fee as a means of filtering process”.
While I agree with the interpretation of those constitutional provisions and the reasons he gave for the increase in the election fee, I totally disagree with his application of these constitutional provisions, namely Sections 38 and 50 as they (ss 38 & 50) relate to the decision of the National Executive Council (NEC) to increase nomination fee from K1000 (current) to K10,000 for next year’s general elections.
Makiba’s understanding and application of Section 38 and 50 of the Constitution have led him to support the NEC’s decision.
His belief that Sections 38 and 50 give the NEC the power and authority to make such decisions concerning election fees is totally wrong and invalid in the face of it.
The NEC does not have any authority or power to manipulate the election fees.
The only body constitutionally mandated to increase or decrease the election fees is none other than the Parliament by “law”.
While Section 50(1) of the Constitution provides for the right to, among others, stand for public office, Sections 50(2) and 38 of the Constitution clearly states that “the exercise of that right may be “regulated by a law” that is reasonably justifiable for the purpose in a democratic society that has a proper regard for the rights and dignity of mankind.
It does not say the right to stand for public office may be regulated by NEC or any other government bodies or private organisations for that matter.
The right to stand for public office, including increase or decrease in the election fees must only be regulated or restricted by “law” in the form of an “Act of Parliament” enacted by the Parliament in accordance with Section 38(2) of the Constitution. Under the Constitution, Parliament alone has the inherent power and authority to make law to regulate or restrict so as to qualify the right to stand for public office and not by NEC’ decisions as in the circumstance.
The current K1000 nomination fee is the fee fixed by the law, namely, the Organic Law on National and Local-level Government Elections (No 3 of 1997) (“Organic Law”): Section 87.
To my knowledge, there is no amendment made to the Organic Law since 1997 which may have changes the figure to K10,000. Unless and until the Parliament itself amend the Organic Law and increase nomination fee of K1000 to K10,000 the current K1000 remains the valid election fee which will continue next year’s election and onwards.
My friend’s interpretation and application of those constitutional provisions in the circumstance are misconceived and have no effect.
On the other hand, the K10,000 increased in the election fee as a result of the NEC’s decision is invalid because it’s an administrative decision and not a requirement of the law to the effect.
The NEC’s decision in question in that sense is reviewable.

Angellus Jelsco Koraino
UPNG, Waigani