‘Wrong’ day to vote

The National National

By LUKE KAMA
POLLING on a Sunday or a public holiday is illegal under the Organic Law on national and local level government elections, it has been revealed.
Lawyer Daniel Tulapi, a candidate for the Southern Highlands regional seat, pointed this out after polling was conducted last Sunday in the Ialibu-Pangia electorate in Southern Highlands.
Tulapi said Section 130 (b) of OLNLLGE stated that “the poll shall open at each polling place at 8am on each day (other than a Sunday or a public holiday) during the period for taking the poll at that polling place, and shall not close until all electors present in the polling booth at 6 pm and desiring to vote, have voted”.
Dr Henry Okole, one of the senior academics who headed the review of the Organic Law on Provincial and Local Level Governments, agreed that polling was not allowed on Sundays and public holidays.
“As far as I can remember, I agree with what the lawyer (Tulapi) said because according to section 130 of the Organic Law on National and Local Level Government elections, polling is not allowed on a Sunday or a public holiday,” he told The National yesterday.
Electoral Commissioner Patilias Gamato told The National  that he would have to check with his lawyers first before commenting on the matter.
Tulapi said everything must be done according to the law.
“We must follow the rule of law and the election law. We cannot make our own rules to suit our own ego,” he said.
He plans to challenge in court the counting of votes for the Ialibu-Pangia electorate where Prime Minister Peter O’Neill cast his vote last Sunday. O’Neill is also the sitting MP.
Polling in Ialibu-Pangia was deferred from Friday, June 30, as gazetted by the Electoral Commission to Sunday, July 2, because of the late arrival of election kits.
Tulapi said he had written to Southern Highlands election manager David Wakias on the matter.
“I have written to the provincial election manager and the electoral commissioner has to stand on his feet according to the law and discharge his duties without fear or favour,” Tupali said.