O’Neill’s injunction application refused

By CLARISSA MOI
EVEN though at least 30 seats are yet to be declared in the 118-seat parliament, the house can proceed with tomorrow’s session because it has a quorum, a state lawyer says.
Solicitor-General Tauvasa Tanuvasa told the Supreme Court on Friday hearing a case filed by Ialibu-Pangia MP Peter O’Neill questioning the legality of the General Election 2022 (GE22) process, that more than 40 writs had been returned – more than the quorum needed in Parliament.
Justice George Manuhu, sitting as a single Supreme Court judge, ruled that as long as Parliament had a quorum, it could proceed.
The 85 members elected in the GE22 so far are expected to be sworn in tomorrow and then elect a speaker and a prime minister.
According to a court document obtained by The National, O’Neill wants the court to interpret whether the Organic Law on National and Local Level Government Elections allows for the return of writs to be fixed for Friday (Aug 5).
He also seeks the court’s interpretation on whether:

• ELECTIONS in electorates where no candidate has been elected by 4pm last Friday be deemed to have failed;
• THE electoral commissioner has the power to extend the deadline the writs may be retuned beyond (last Friday); and,
• IT is inconsistent with Section 50 of the Constitution for the EC not to cause the date for the return of the writs to be further extended to permit the outstanding writs to be returned.

Tanuvasa said the extension from July 29 to Aug 5 was provided for under Section 81 of the Organic Law.
Tanuvasa also pointed out that the court could not interfere with the powers and functions of the Electoral Commissioner.
He said Section 126 (6) stated that the Electoral Commissioner was not subject to any person or authority.
He refused O’Neill’s request for a mandatory injunction to extend time for the return of writs for the General Election 2022 (GE22).
O’Neill was represented by lawyers Greg Sheppard and Philip Tabuchi.
Justice Manuhu said an extension of time to allow for the return of writs was acceptable, but not because of a pending case.
The substantive matter returns to court today.

Candidate bails 211 held at police station

By GLORIA BAUAI
THE 211 men arrested at Walium station in Madang on Thursday have been released on a K7,000-plus bail paid by Usino-Bundi seat candidate Vincent Kumura.
Provincial police commander Acting Superintendent Mazuk Rubiang said they were charged with assembling, inciting and provoking a breach of peace.
Mobile Squad’s Sergeant Tennyson Joseph said any election-related offence would have been regarded as criminal under election laws.
But he said in this case, the large group meant more paperwork and cost in putting together cases.
“They were (charged with) summary offences but all their particulars were taken down to take to court for the issue of warrants,” he said.
“The open warrant will remain with the National Crimes Records data.”
Most of 211 were transported to then Jomba police station in Madang on Thursday while a few remained at the Walium Police Station.

Sinai confirms North Bougainville by-election

ELECTORAL Commissioner Simon Sinai has confirmed that there will be a by-election held for the North Bougainville seat after the passing away of the winner William Nakin.
He clarified this after candidates who contested the seat with Nakin wanted a supplementary election to be held instead.
“I don’t think it will be a supplementary election because somebody won the seat but has passed away. So there needs to be a by-election,” he said.
Bougainville Election Manager Justin Pantumari told The National that he was waiting for instructions from the Electoral Commission.
“I just did my job as I was mandated to do by law and I returned all the writs before the deadline given,” he said.
“(The late William Nakin) won the seat because he was the sitting member.”
Nakin polled 14,266 votes after the 20th elimination to give him a clear lead.
Sinai said the by-election would be held once funds were made available.
Sinai also told The National that he also decided to accept the results for the Wapenamanda and Kandep seats in Enga even after complaints were received.
“They’re disputed, but the power lies with us to accept them.
“ And given the time pressure and the checks that would have to go into counting them again, I decided to accept them,” he said.

Marape remains PM until Parlt meets: Kwa

PRIME Minister James Marape remains in the position until Parliament meets tomorrow to elect a new speaker and prime minister.
Attorney-General and Justice secretary Dr Eric Kwa said the position would not be a vacuum.
Kwa said there would no vacuum in terms of the office of the prime minister.
“Under Section 147 of the Constitution the prime minister remains in office until Parliament elects a new one.”
Marape said a statement by People’s National Congress party leader and Ialibu-Pangia MP Peter O’Neill on the issue “has caused a lot of confusion”.
“I remain the prime minister until the election of a new (one) by Parliament,” he said.
He said O’Neill as a former prime minister should have known better. “He himself should know as a beneficiary of Section 63 of the (organic) law for the invitation to form the government,” Marape said.
“We know it is his constitutional right to go to court but he must know that country is bigger than him.”
Marape said the Constitution provided the Organic Law to authorise the Head of State to invite a registered party to form the government.
“With these provisions, the Governor-General invites the party with the highest number of candidates to form the government,” he said.
“This was the case with the National Alliance party in 2002, 2007 and PNC in 2012 and 2017.”
He urged O’Neill to concede defeat instead of creating tension.