Wait for 21 writs delays Parliament

The National Main Stories

By LULU MAGINDE
THE first sitting of the 11th Parliament began late yesterday because the 21 writs received over the weekend had to be returned to Government House in the morning.
The sitting was scheduled for 10am but did not start until after 1pm.
Clerk to Parliament Kala Aufa said he had to wait for the 21 writs to be accepted and signed by Governor-General Grand Chief Sir Bob Dadae before they were delivered to Parliament.
Aufa said the writs were for those who had been declared winners after last Friday, Aug 5.
Those elected had to attend Parliament to elect the speaker and prime minister.
Aufa said the writs had to first be accepted by Sir Bob before the MPs could be allowed into the chambers.
One of those not allowed in yesterday was Markham MP Koni Iguan.
Another reason for yesterday’s delay was because Electoral Commissioner Simon Sinai had to seek legal advice on whether to accept writs after the initial Aug 5 deadline, or collect all then return them to Sir Bob.
Chief Justice Sir Gibbs Salika, who had arrived in the morning, expecting the 10am start, agreed to wait until all the writs had been endorsed by Sir Bob and brought to Parliament.
The seats yet to be declared are Eastern Highlands Provincial, Chimbu, Kerowagi Open, Southern Highlands Provincial, Lagaiap Open, National Capital District, Moresby North-East, Moresby North-West, Kabwum Open, Markham Open, Rai Coast Open, and Madang Provincial.

Supreme court rejects O’Neill’s application

Peter O’Neill

By CLARISSA MOI
THE Supreme Court rejected an application by Ialibu-Pangia MP Peter O’Neill to stop the first Parliament sitting yesterday, saying it would be dealt with in the substantive matter later.
The three-man panel of Justice Les Gavara-Nanu, Justice Collin Makail and Justice Ellenas Batari ruled that the sitting of Parliament had already begun and could not be stopped.
Justice Gavara-Nanu said whether or not the sitting was legal, would be dealt with in the substantive matter.
O’Neill moved an urgent application yesterday morning seeking an interpretation of the legality of the first Parliament sitting following the return of 106 writs from the General Election 2022 (GE22).
He wanted the sitting stopped, pending the determination of the substantive matter.
O’Neill’s lawyer Greg Sheppard submitted that the application was to seek an interpretation of several constitutional laws which raised issues of national importance related to the first sitting of the Parliament.
Solicitor-General Tauvasa Tanuvasa submitted that the process must be allowed to be completed.
He pointed out that the fifth anniversary of the last Parliament had lapsed and Parliament had to sit within the first seven days after the return of writs.
“The process is already taking place,” Tanuvasa said.
“People must be allowed, through their elected members, to then elect the Speaker and Prime Minister.
“To stay the Parliament sitting will lead to further breaches and (this application) must be refused.”
Meanwhile, the Attorney-General, the O’Neill-led People’s National Congress Party and the Pangu Pati have been allowed to intervene in the substantive matter.
Justice Collin Makail, presiding as a single judge of the Supreme Court, refused Moresby North-East candidate Jeffery Kaki’s application to intervene because he lacked standing.
O’Neill’s sought 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 for the writs to be retuned beyond (last Friday); and,
  • IT is inconsistent with Section 50 of the Constitution for the Electoral Commission not to cause the date for the return of the writs to be further extended to permit the outstanding writs to be returned.