It’s not a gift from the court

 THE Page 4 headline “Tulapi asks court to give him Kagua-Erave seat”in The National yesterday,  is misleading.

I have petitioned the court to declare me duly elected and returned to Parliament for the Kagua-Erave seat under Section 215(1), 208(b)(c) and 212(g)  of the Organic Law on the national election.

The courts do not give out seats of Parliament. Under Section 212(g).

The court declares a candidate duly elected and returns him to a seat in Parliament if that candidate was not duly declared elected and returned by the returning officer.

The words “duly elected” does not mean votes or numbers. A candidate is entitled to be declared duly elected by being a candidate. 

When a candidate is denied this entitlement to be declared duly elected by acts of bribery and curruption, the candidate is entitled to realise his entitlement of being duly elected and returned by the Court of Disputed Returns under section 212(g). 

Daniel Tulapi

Port Moresby