Supreme Court rules on eligibility

By VANESSA NIKEN
THE Supreme Court has ruled that anyone convicted of a crime after June 25, 2002, is not eligible to stand for the general election or remain as an MP.
A Supreme Court bench, comprising acting Chief Justice Les Gavara-Nanu, Justice David Cannings, Justice Elenas Batari, Justice George Manuhu and Justice Allen Kingsley David, made the ruling in Waigani yesterday.
The special reference was re-filed by Attorney-General Pila Niningi on May 5 following the dismissal of the earlier special reference which was dismissed based on competency grounds.
Niningi had asked the Supreme Court to clarify whether convicted criminals could run for public office.
The 13 constitutional questions centred on 103 (3) (e) of the Constitution which states that a person is not qualified to be or to remain an MP if they are under sentence of death or imprisonment for a period of more than nine months.
The main issue that Niningi raised was that if an offence was committed on a date after the date of the commencement of section 103 (3) (e) of the Constitution, was such a person disqualified from being an MP.
The five-man bench held that section 103 (3) (e) of the Constitution operated to permanently disqualify from membership of the parliament, irrespective of their length of their sentence and whether they have completed their sentence.
However, the court found that this section 103 (3) (e) of the Constitution was subject to some exceptions such as if the person was granted a free pardon or their conviction was quashed.
The court noted that amendment to section 103 (3) (e) of the Constitution came into operation on June 25, 2002.
“A person convicted of an indictable offence that was committed after that date is caught by section 103 (3) (e) of the Constitution and is not qualified to be or remain a member of the parliament and is not an eligible candidate,” the judges said.
“A nomination by such a person must be rejected by the electoral commission. If their nomination is accepted, it is open to be set aside by the National Court or the Supreme Court as being unlawful.
“If their nomination is not set aside and such a person is a candidate in the election and they are elected, their election is open to be declared null and void via an election petition challenging their election under the Organic Law on National and Local Level Government election.”
Earlier this month, the court allowed Public Solicitor Leslie Mamu, Speaker Job Pomat, Electoral Commissioner Simon Sinai and Public Prosecutor Pondros Kaluwin to be a part of this proceeding.
Parliament passed Constitutional amendment No.24 on electoral reforms in 2002, by introducing section 103(3)(e) of the Constitution which provides for disqualification from membership to the Parliament.
All the parties have submitted that amendment No.24 came into operation through certification by the speaker on June 25, 2002.
Solicitor-General Tauvasa Tanuvasa representing Niningi submitted that as long as a person had a conviction of a crime committed after June 25, 2002, he was disqualified from being or remaining an MP regardless of any other circumstance unless the conviction was quashed or overturned.

Maru receives K130,000 in cash and fuel from villagers

VILLAGERS from East Sepik’s Yangoru-Saussia have contributed nearly K130,000 in cash and fuel to support MP Richard Maru.
The People’s First Party (PFP) leader was at his Pachen village on Monday to launch his campaign when people from the four local level Governments – Numbo, Sausso, East and West Yangoru – turned up in numbers with their support.
Maru was overwhelmed with the support from the local villagers, saying it was the first time he had experienced it in his political career.
He told The National yesterday that people from the electorate were keen on investing in their future. They told Maru that they were investing in his leadership. Maru said more pledges were coming in and it might reach K200,000 by end of the week.
He said he was humbled to see relatives of candidates contesting against him for the seat coming forward to help him with cash or kind.
“Given the amount of support, I am confident of retaining my seat,” he added.
Maru was first elected to the ninth Parliament as Yangoru-Saussia MP in 2012 as an independent candidate.
He held several portfolios under the People’s National Congress party until last April, he moved to join People’s First Party.