LLG polls in court

THE Ombudsman Commission has filed a court reference seeking the court’s legal interpretation on the Government’s decision to defer local level government (LLG) elections for more than three months.
Chief Ombudsman Michael Dick, Ombudsman Richard Pagen and Ombudsman Kevin Kepore said in a joint statement on Friday that the commission filed the reference to find out whether section 34 of the Organic Law on Provincial and Local Level Government (OLPLLG) allowed a deferral of the elections for more than three months after the date of the return of writs for the national elections.
And whether an aggrieved person can utilise section 23 of the Constitution (Sanctions) to compel the Electoral Commissioner to immediately conduct LLG elections in compliance with his constitutional duty, if the deferral of the LLG election beyond the three months is unconstitutional.
Another question being raised is the reason for the deferral of the LLG election.
“It has been documented that the deferral of the LLG election was because of lack of funding by the Government to the Electoral Commission,” they said. “This reason alone raises serious questions in terms of compliance with relevant laws of the Constitution.”
According to the Ombudsman Commission, there does not appear to be any provision in the Constitution, OLPGLLG and Organic Law on National and Local Level Government elections that provides for lack of funding by the Government to the Electoral Commission to be a reason for deferral beyond the period stated in section 34 of the Organic law on Provincial and Local Level Government.
“Section 34 of the Organic Law on Provincial and Local Level Government only allows for the deferral to ensure the effective conduct of respective elections,” they said. “The Ombudsman Commission is an independent constitutional institution that promotes transparency, accountability and good governance. The commission realises the importance of elections at all levels of government as the central pillar of democracy in Papua New Guinea.
“The commission conducts election awareness before the campaign period in a general election to enable voters to elect good leaders and also participate as observers during the counting process.
“It is also a practice of the Constitution to issue directions under section 27 (4) of the constitution (responsibilities of office) to ensure that public funds are not used as election gimmick throughout the campaign period and that they are used for their intended purpose.”
The commission said it was aware from media reports that the LLG elections would be held in April and May this year.