Court points out ‘flaw’ in GG re-election

National, Normal
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By ELLEN TIAMU

THE Supreme Court in Waigani last Friday pointed out another flaw in last June’s election of the governor-general.
The flaw was atop proceedings brought on by the Morobe government in July seeking the court’s opinion on whether the manner of re-electing the incumbent Sir Paulias Matane on June 23 was constitutional and valid.
The court brought up the point that when the post of the governor-general was vacated, the speaker of parliament automatically takes over.
If, for circumstances that render the speaker unfit or unable to take up the post, then the chief justice takes up the post and if he cannot, the attorney general should.
“However, there was nothing wrong with the speaker and he was in the speaker’s chair conducting the election of governor-general that day,” Morobe Governor Luther Wenge said in Lae yesterday.
He admitted his government had overlooked the point.
The Supreme Court had now directed that the state, through the solicitor general, to file an affidavit certifying a document which established when the Queen appointed the governor-general, when that appointment expired and when the new appointment (re-appointment) was certified.
The secretary of the National Executive Council was directed to file a sworn affidavit to establish whether or not the speaker’s conduct of the June 23 election was legal.
The matter has been adjourned to Nov 30 to allow for the NEC secretary to file the report.
The Morobe government had sought a Supreme Court interpretation that the procedure involved in electing the governor-general was not constitutional and invoked section 87(5) when the government moved a motion for Sir Paulias to be declared when he mustered 73 votes by parliament.