Return of writs extended, again

By LULU MAGINDE and HELEN TARAWA
PAPUA New Guinea (PNG) Electoral Commissioner Simon Sinai has controversially extended the deadline for the return of General Election 2022 (GE22) writs to Friday (Aug 12).
The deadline expired last Friday and Sinai held a media briefing to announce that he was using his powers to extend the deadline again.
The deadline had been extended at least three times since July 29 and July 22.
Sinai said only 85 of the 118 writs had been returned and that the vote counts in the remaining 33 seats of the 11th Parliament were still in progress.
The irony of GE22 is that the maiden meeting of the 11th Parliament is scheduled for tomorrow to elect the prime minister, while the count of ballots for the 33 seats are still progressing.
And the continuous controversies are expected to be exacerbated with election petitions filed in courts by candidates and parties unhappy with the way GE22 was conducted.
The legality of the extension of the deadlines for the return of writs has been widely argued by politicians and lawyers, and their differing views are expected to feature in court battles.
The question is whether the conduct of GE22, thus far, has breached the Organic Law on the National and Local-lLvel Government Elections and the Constitution.
Politicians have started taking their grievances to courts, Sinai and the Governor-General Sir Bob Dadae, extend the dates of the return of writs.
al Election 2022 writs.
On July 29, Justice Department Secretary and Attorney-General Dr Eric Kwa said Sinai’s decision to change the date for the return of writs was valid and according to the existing law.
He issued his statement in response to a July 27 statement by State Solicitor Daniel Rolpagarea that upon the expiry of the July 29 deadline for the return of writs, any seat which had no confirmed winner would be deemed as a failed election.
He said this in a letter dated July 27 to Prime Minister’s Department Secretary Ivan Pomaleu.
And Solicitor-GeneralTauvasa Tanuvasa, last Thursday, added more controversy when he was quoted by the media as saying that seats for which writs were not returned by 4pm would be deemed as failed because Sinai did not have any more powers to make a third extension.
How then is Sinai claiming that he has the powers to further extend the deadline again (to Friday Aug 12)?
Sinai said: “Writs for the seats yet to be declared will be legally binding and still accepted by Sir Bob.
“We have been legally advised that we are safe and within the context of la. So people should not be thinking otherwise about anything, for that matter.
“We should allow the Election Commission (EC) staff to have some level of freedom in their way of doing things. The more pressure and intimidation there is and people are only human so bound to make mistakes.”
Lats Friday, Sinai presented 85 writs to Sir Bob in Government House.
Hela, East Sepik, Morobe, Bougainville, East New Britain, Manus, New Ireland, West New Britain, Milne Bay and Northern had completed GE22 with the return of all writs.
“Our task is not finished yet. EC officials who are still working day and night. So I urge everyone to please respect the electoral process, refrain from intervening,” he added.