Constitution, laws are very clear

IN many advanced democracies around the world, operation of government is done strictly in compliance to the laws.
In essence, compliance to the rule of law in a democratic country is fundamental to the principles of democracy.
In other words, basic principles enshrined in a constitution of a democracy such as equal opportunity, freedom of speech and association, the right to vote and so forth are fundamental democratic principles that are sanctioned by a constitution.
The Papua New Guinea government system is based on western democracy.
Hence, we have sufficient laws to use in nearly all areas of governance.
Laws, especially to deal with issuance and return of writs, duration of an election, election process and formation of government are clearly stated in our constitution.
For instance, the Constitution is very clear on time limitation with regard to the issue and return of writs.
The subservient Organic Law, while it allows electoral commission to extend the period of the return of writs, such an extension must be done within the limits of the constitution or it will be deemed ultra vires.
The former Chief Justice, Sir Arnold Amet, pointed out this well.
The same issue is being raised by Peter O’Neill, among others, in his Supreme Court reference.
From the outset, it seems that we have a governance problem in adherence to election laws.
This Government is setting a bad precedent in relation to time limitations on the issuance and return of writs as set out in the Constitution.
There are no special circumstances to warrant an extension of time for return of writs as pointed out by one of the top government lawyers in his advice to the Prime Minister’s office.
There is no severe natural disaster, a major resurge in the Coronavirus or a war that would warrant a special circumstance to warrant return of writs to be extended.
Let us be bold here.
For a country to fully function as a democracy, adherence to the rule of law is fundamental.
Any deviation from it will create disharmony and anti-government sentiment and will lead to separatism, anarchy and civil war.
Hence, those in the law and order sector need to wake up to this reality, especially with the issue of late returns of the writs, an outdated common roll and the whole election process, and take appropriate action.
Someone out there must stand out from the rest and uphold the rule of law or otherwise PNG will become a dysfunctional state in so far as governance and adherence to the rule of law is concerned in election matters.
We cannot compromise here.
The election laws are clearly stated in the Constitution.
Any election writs returned after the fifth anniversary of the full term of Parliament, in this case July 29 or Aug 5 (whichever is the legal date) must be declared a failed election.

Eagle Eye
Goroka