Gamato granted leave to appeal

THE Supreme Court on Friday granted the electoral commissioner leave to appeal a National Court decision that had found him responsible for breaches in voter rights.
The decision by the National Court in Nov 2018 had found Patalias Gamato, picture, as the electoral commissioner and the electoral commission breaching court orders to hold supplementary local level government elections in six provinces in the Highlands region.
Chief Justice Sir Gibbs Salika in his ruling to grant the leave to appeal asked the court if Ian Augerea, Registrar for the National and Supreme courts, had standing to enforce breaches of the Constitution.
“One reason why I will grant leave is on the question of whether the registrar of the National and Supreme courts has standing to enforce the rights of people of Southern Highlands, Jiwaka, Eastern Highlands and Western Highlands or should electors, voters and persons who wished to stand for public office from those provinces, take the initiative themselves to enforce their own constitutional rights.
“Why is the registrar of the National Court and Supreme Court involved in the proceedings? Whose interest is he pursuing here? What is the role of the registrar? Was he authorised by the chief justice or a judge to take this action? Who is paying his legal cost?
“He is responsible to the chief justice for the registry services of the National and Supreme courts. Who gave him the authority to pursue this matter and for on whose behalf? The registrar is subject to the direction and control of the chief justice and other judges.
“I have raised many questions in this short ruling which need answers and I will allow the full court to answer those questions. I would want the court to answer the questions I have raised in this ruling,” Sir Gibbs said.
The matter had started in Nov 2017 following an originating summons filed by Augerea, in his capacity as the registrar which the National Court recognised and had invoked Section 23 of the Constitution to impose a penalty.
The National Court had ordered that Gamato be heard on the penalty on Nov 6 last year but on the hearing date, both parties had learned that the trial judge had delivered a written decision, finding Gamato guilty of breaching the rights of the people under Section 57 and 23 of the Constitution.
The chief justice last week said “he (Gamato) was never charged for what he has now been found guilty of”. He argued that no statement of charge was filed and served on him for such non-compliance, a requirement under Order 14 Rule 43 of the National Court Rules”.
The matter for hearing on penalty was adjourned to Nov 26 last year for which Gamato’s lawyers had filed an application for leave to appeal which the court heard in December.
Sir Gibbs explained that he had read the case authorities’ submissions from Gamato and Augerea and decided to allow both parties to argue the substantive issues before the full court.