Rise of Independents – The National

A FOURTH Independent has won in Papua New Guinea General Election 2022 (GE22) as incumbents and political heavyweights fall like dominoes.
The latest Independent candidate, Kinoka ‘Hotune’ Feo, was victorious in Eastern Highlands’ Unggai-Bena, beating incumbent and People’s National Congress (PNC)’s Benny Allen, a former Lands and Physical Minister who was first elected as MP in GE02 (7th Parliament).
Feo crossed the absolute majority with 18,667 while Allen was edged to runner-up at 9,436 votes.
The second-runner-up was Raymond Unasi (Pangu Pati – 8,885).
Twenty-eight candidates contested the seat.
However, Feo’s political standing is “confusing” as he contested as an Independent but his election poster carried the picture of Hela Governor Philip Aja Undialu (Pangu), who has also successfully defended his seat in GE22.
This highly indicates that Feo is a Pangu Pati-friendly candidate.
Pangu’s candidate Unasi was eliminated in the ballot count.
The ruling Pangu Pati continues to lead in the GE22 race for control of the 118-seat 11th Parliament with 21 seats (confirmed results with full details as compiled by The National), still trailed by PNC with only 10 seats.
However, Pangu Pati leader and Prime Minister James Marape has claimed that newly-elected Nawaeb MP Theo Pelgen and Richard Maru from People’s First Party have joined the Pangu-led coalition camp which have 49 elected MPs.
The National Alliance party has won a fourth seat to move up to third placing in the seats tally when its late North Bougainville incumbent was declared the winner.
A by-election will be held to fill the vacancy in office.
The other victorious Independents are Menyamya’s Solen Loifa, the new East New Britain Governor Michael Marum and Middle Fly’s Maso Hewabi.
The PNC Menyamya incumbent Benjamin Philip, who switched to Pangu Pati in GE22 was rejected by voters.
Philip was eliminated during the vote count after Loifa crossed the absolute majority with 18,397 votes to edge out PNC’s Jackty Yatipo to runner-up. Marum (PNG’s rugby league great) beat the incumbent, Nakikus Konga (People’s Progress Party) who was eliminated during the ballot count.

Judge: All parties must be served

A NATIONAL Court judge has stressed the importance of serving documents to all parties involved in the matter, regardless of its urgency.
Judge Joseph Yagi said this in the National Court in Waigani yesterday when a lawyer representing Kabwum Open candidate Hearing Qoreka said there was no need to serve all the parties.
Judge Yagi said all defendants named in an originating summons must be served.
“Despite the defendants being nominal defendants, the fact they are named as defendant still remain and so, they must be served.”
Lawyer Mark Alu, representing Qoreka, asked the court to stop Kabwum Returning Officer Keteng Ondop, Morobe election manager Simon Soheke, Electoral Commissioner Simon Sinai and the Electoral Commission from declaring a MP for the electorate.
Alu told the court that he had served Sinai and the EC but was to serve Ondop and Soheke because they were in Lae.

National court dismisses application by Saonu to withdraw regional seat writ

Last checks … Progressive results for the Morobe regional seat has not been updated in the last couple of days, according to provincial election manager Simon Soheke. “I ordered the recount to make certain that check and balance is alright to have the right ballot papers correspond with the figures we have with the tally,” Soheke said. “Eleven checks had been made so far we have seen some changes matching the figures but not so much. This is our last quality before we go into the elimination by tonight (last night) and we should make the declaration for the Morobe regional seat soon.”

By CLARISSA MOI
THE National Court has dismissed an application filed by incumbent Morobe Governor Ginson Saonu to withdraw the writ for the regional seat in General Election 2022 (GE22).
Judge Joseph Yagi ruled yesterday that the application was premature.
Saonu filed the application following the decision by Electoral Commissioner Simon Sinai to withdraw the writs for the Markham and Kawbum Open seats.
Supplementary elections will be conducted in the two districts following the burning of ballot boxes last month.
Saonu requested the Electoral Commission (EC) to declare elections in the province as failed.
He requested that writs for the Morobe regional seat be withdrawn.
Saonu said it could mean that the declaration of the winner of the governor’s seat would be decided by only eight of the 10 electorates.
He said Sinai’s decision to withdraw writs for Markham and Kabwum was a denial of natural justice and unlawful.
He claimed that the rights of the two electorates to elect a governor would be breached.
Judge Yagi said the court’s role was to determine the validity of the election and not to interfere with the decisions of the EC.
“The power to declare election as failed and withdraw writs wholly relies on the decision of the EC,” he said. “There is no evidence that the EC has denied or refused your request.
“The EC’s decision is still pending and the counting in the eight electorates is still continuing.”
Judge Yagi said Saonu had prematurely filed the proceeding, that there was no arguable case to proceed further and dismissed the matter.

Court only intervenes if election validity is questioned: Judge

THE court can only intervene when the validity of the election process is being questioned, says National Court judge Joseph Yagi.
He mentioned this when rejecting a leave application by Kagua Erave MP Wesley Raminai to stop the counting of 44 hijacked ballot boxes from the electorate.
Judge Yagi said allegations of hijacking and tampering of ballot papers could be used to challenge the validity of the election in an election petition.
Raminai wanted the Electoral Commission’s (EC) decision on July 18 not to include 44 Kagua Erave’s ballot boxes hijacked on the day of the polling be executed.
Despite the EC’s instruction, the 44 ballot boxes were included in the counting.
Judge Yagi said the EC under the constitution must perform its function independently and not to be subjected to any outside influence from a person or authorities.
“The effect of such order will undermine the power of EC,” he said.
“The primary right of the plaintiff is available under section 206 of the organic law. Consequently, the application for leave is refused and proceeding is dismissed,” Yagi said.
The 44 ballot boxes were hijacked on the day of polling and returned later for scrutiny and counting.
An objection was raised to stop the counting of those boxes.
The EC directed to stop the counting of the electorate’s ballot boxes.
It was alleged that despite EC’s orders, counting was continued by an unauthorised person.
Raminai’s lawyers Marly Mandi said due to the allegation, Kagua Erave’s Returning Officer was terminated.
Russell Uware representing EC said the vacant RO position was an administration issue which was within the powers of the EC to deal with.