BLUNDER ON OPEN ELECTORATES & POTENTIAL CRISES IF ELECTIONS GO ON SCHEDULE

Parliament in 2002 under Sir Mekere Government amended the Organic Law on National and Local Level Government. Among the amendments, the Provincial Seats were made to cease existence by 2012 whilst the Open seats were anticipated to be more than 110 and less than 120 by year 2012. The Provincial Governors protested over the issue and their term was retained by an appropriate amendment in Parliament.

It was anticipated that the Boundaries Commission would carry out the necessary inquiry and ensure that at least one electorate was added to each Province by or before 2012. It is understood the Boundaries Commission did carryout the inquiries and compiled the report. Unfortunately, the Government under the leadership of Grand Chief Sir Michael Somare refused or failed to accept, table and implement the Boundaries Commission Report. The O’Neill/Namah Government was left with no option but to do the necessary changes to revert to the original position.

Whilst the O’Neill/Namah Team was in haste in trying to do the necessary amendments to the Constitutional Laws to allow the Open Seats to remain as they are, a very fundamental constitutional blunder appears to have been committed when passing that very crucial amendment in Parliament when Parliament last set.

Parliament is understood to have passed the motion to amend the Organic Law, particularly section 35 of the Organic Law on National and Local Level Government with a two thirds majority of at least 73 votes. Parliament may have committed an error which goes the heart of whether or not the relevant amendment was done and whether or not this country can go to elections with the existing open electorate seats. Let us consider the relevant laws that provide for this process and see whether such an error was committed.

The Organic Law on National and Local-level Government Elections, is an organic law created under Part VI.2 (The National Parliament) of Constitution. Part VI.2 accommodates sections 100 – 137. The Determination of Electorates is provided by section 125 of Constitution.
Section 17 of Constitution provides for Prescribed Majority of Votes needed to amend certain provisions of the Constitution. Subsection (3) provides that “For the purposes of Subsection (1) the prescribed majority of votes for this subsection, Sections 35, 36, 50, 57, 105, 106, 109, 113, 125, 126, 155, 157, 160, 163, 217, 235, 239, 243, 244, 245 and 269 is a three-quarters absolute majority.”
Section 17(5)(a)(i) of Constitution essentially provides that in a case of amending an Organic Law where the making of that Organic Law is prescribed by the Constitution, the majority of the votes is the majority provided under the relevant constitutional provision.

Since the Organic Law on National and Local-level Government Elections is an organic law prescribed by the Constitution under Part VI.2 of Constitution, the majority of the votes to amend the Organic Law would be as prescribed by the Constitution. In the case of Section 125 and 126, section 17(3) of Constitution is clear that it needs a three-quarters absolute majority which is at least 82 votes.

The Constitution also makes provisions under Section 15 for urgent alterations to the Constitutional Laws in instances whereby the requirements for prescribed absolute majority of votes can be waived under the circumstances. However, subsection (5) (i) qualifies that by stating that section 15 does not apply to proposed laws to alter the provisions of the Constitution and Organic Laws made for the purposes Division VI.2. (The National Parliament).
In order to amend the Constitution and any Organic Laws, Section 14 of Constitution states that the prescribed majority of votes should be expressed on at least two occasions after opportunity for debate on the merits. That should be during different meetings of Parliament and separated by at least two months.

The amendment to retain the original open seats is an amendment that needs at least 82 (3/4 absolute majority) votes on the floor of Parliament and Section 15(5)(i) of Constitution prohibits any attempt to treat it as an urgent alteration. It has to go through compulsory two readings, separated by two sittings and at least two months.

Looking at the relevant Organic Law on National and Local-level Government Elections provision for open electorates in 2012, it provides under section 35 that:
35. OPEN ELECTORATES .
(1)The number of open electorates shall be as determined by the Boundaries Commission but in no case shall the number of open electorates be less than 110 or more than 120.
(2) There shall be at least one open electorate in each Province.

The word “shall” in that provision makes it mandatory for the open electorates to be more than 110 and less than 120 by 2012. Parliament had the mandatory obligation to follow that or amend it in accordance with the due process.

The purported amendment in the last sitting did not meeting the required votes and is illegal and void. It can be seen as no amendment at all, which means that Section 35 still is effective and will render the entire election existing in Constitutional vacuum. It would be a constitutional crises and any process of national election should first get the boundaries sorted out. Elections are run on predetermined electorates, not the other way around. If the foundations upon which the elections can be run are affected, it affects the whole process.

I am wondering whether this was another “hot cake legislation cooked up and bulldozed in a day just like they do with simple Acts of Parliament. Can someone measure the level of stupidity this would be?

Over to you thinking PNGeans


STEVEN ANDRE

Comments

  1. AnonymousMay 10, 2012 at 5:49 PM

    Thanks Steve for a wasteful article. Elections can only be held in electorates for which writs would be issued. That is the practical reality. Academic exercise should be left at University. We are ready to go for election so we will not be detracted by any more of O'Namahs' legionnaires.

    ReplyDelete
  2. skidMay 10, 2012 at 8:42 PM

    mi tired pinis.. just vote this bastards out.!!

    ReplyDelete
  3. The PatriotMay 11, 2012 at 1:54 AM

    All newspapers are biased. The National is anti-O'Namah, and Post Courier is anti-Somare/Abal. Thank you PNG blogs for the good job. Media is now politicized today so we must push on new and current forms of communications such a social networking sites ad blogging sites as well. PNG let us arise.

    ReplyDelete
  4. AnonymousMay 11, 2012 at 7:34 AM

    Can anyone in the know confirm rumor that PO will be removed and BN takeover on 15 May? BN is scared of losing election and wants to defer it. We say if such attempt is made early election would be triggered. O'Namahs have run out of tricks and K30m backyard garden fruit will return bitter taste to the O'Namahs!!!

    ReplyDelete
  5. Pitz MahnMay 12, 2012 at 1:25 AM

    The Nation is set to go polls.
    That in itself, puts to rest, concerns raised by Steve.
    Come on, let's go to Elections and let our People exercise their right to elect their Leaders in for the Next Parliament. The blunders can be taken care of in the next parliament.

    ReplyDelete

Post a Comment

Please free to leave comments.

Popular posts from this blog

HIGHLANDS FRAUD F*CKS RUNNING GOVERNMENT AGENCY,,,

Image
A Fraudster and unqualified person has been shortlisted for NEC submission for the position of CEPA Managing Director. The candidate in question is Jude Tukulyia. His academic credentials are subject to scrutiny. Further investigation is required to verify the authenticity and legitimacy of his qualifications, particularly the reported diploma in accounting, Bachelor of Laws, MBA from Divine Word and UPNG respectively. It is very suspicious and unprofessional  when the Minister for Environment Conservation and Climate Change, Hon Simo Kilepa, wrote to UPNG Vice Chancellor asking to confirm Jude’s questioned education qualifications. This very due diligence work is the core responsibility of the Public Service Commission and Department of Personnel Management. What authority does the portfolio minister have to write to the Universities? Dumbfounding indeed if one asks. Ulterior motives written all over the letter. This amounts to  Questionable Academic Qualifications of Mr Tukulyia.    
Read more

PNG, VERY RICH YET STILL A VERY VERY POOR COUNTRY

Image
by GARY MONDULAME Papua New Guinea (PNG), a nation blessed with abundant natural resources, continues to grapple with economic challenges that belie its potential wealth. The nation's economic narrative is a paradox—rich in resources yet burdened by poverty. The explanation for this paradox lies not only in economic mismanagement but also in deep-seated corruption that has permeated the political landscape since independence in 1975. Following its independence from Australia, PNG was entrusted to leaders who lacked a vision for a holistic national development. This absence of foresight is evident from the lack of long-term development plans that could have distributed the country’s wealth fairly across all regions and communities. Successive governments failed to establish foundational strategies such as building satellite townships or creating robust rural housing schemes. Instead, they resorted to short-term, reactive measures that did not foster sustainable growth. The nascent l
Read more

BLIND LEADING THE BLIND, WHY THE PNG ECONOMY STILL SUCKS

Image
Elizabeth Genia, Acting Governor Bank of PNG (BPNG) by MICHAEL JOSEPH PASSINGAN The economy of Papua New Guinea (PNG) is at a crucial juncture. Despite some signs of recovery, the country faces several structural challenges that continue to impede its economic progress. The March 2024 Monetary Policy Statement from the Bank of Papua New Guinea sheds light on these issues, providing a comprehensive overview of the economic landscape and the policy responses being implemented to navigate through these turbulent times. In 2023, PNG's economy grew by a modest 1.4%, a significant slowdown from the 5.2% growth witnessed in 2022. This tepid growth is largely attributed to delays in major projects and ongoing economic issues that have not been fully resolved. The anticipated growth for 2024 is around 3.0%, buoyed by the resumption of production at the Porgera gold mine. While this marks an improvement, it remains subdued compared to the potential of this resource-rich nation. One of the mo
Read more

AUGUSTINE MANO PNG'S PREMIER CORPORATE CROOK

Image
by  MICHAEL J. PASSINGAN In a significant setback for Mineral Resources Development Corporation (MRDC), the Supreme Court of Papua New Guinea has dismissed the company's appeal to stop criminal investigations into its dealings with landowner funds held in the Pacific Balance Fund (PBF). The court ruled that MRDC's appeal was an "abuse of process" and ordered the company to pay costs of the proceedings. MRDC, a unit holder in PBF, had taken legal action against the National Court's decision to dismiss its case, arguing that the court had no jurisdiction to hear the matter. However, the Supreme Court disagreed and held that MRDC's appeal was nothing more than an attempt to interfere with the police's criminal investigative process. The court found that MRDC had no authority to conducted its own investigation into the activities of the Melanesian Trustee Services Limited (MTSL), the fund manager of PBF, and that its actions were in violation of the Trust Deed
Read more

James Marape's Missteps Openly Exposed at Australian Forum

Image
by  MICHAEL J. PASSINGAN  In a recent event that highlighted the complexities of international diplomacy and governance, Papua New Guinea's Prime Minister, James Marape, faced a challenging situation during his appearance at the Lowy Institute in Sydney, Australia. The Lowy Institute, known for its role as an independent think tank focusing on international policy, particularly in the Asia-Pacific region, provided a platform for a candid assessment of Marape's governance. Following his formal address, Marape engaged in a dialogue with Dr. Michael Fullilove AM, the Executive Director of the Institute. Dr. Fullilove, a respected figure in public and international policy, scrutinized Marape's past promises and statements, contrasting them with the current state of affairs in Papua New Guinea (PNG). The discussion took a critical turn as Dr. Fullilove revisited Marape's 2019 speech at the same venue, where Marape had outlined his vision for PNG in a speech titled “A New Boo
Read more

PNG GOVERNMENT MINISTER IN PORN VIDEO

Image
WEWAK MP AND CORRECTIONAL SERVICE MINISTER JIM SIMATAB ANOTHER PUPPET WHO NEEDS TO BE VOTED OUT Wewak Open Electorate and the people of East Sepik Province are suffering from lack of development and delivery of basic services. Meanwhile, their MP, Jim Simatab, who is also Correctional Services Minister seems to be very busy having extra marital affairs with young Tolai girls who are young enough to be his child or grandchild. He is a typical puppet in the coalition of the corrupt who needs to be voted out in 2017. WARNING NUDITY AND SEX SCENE VIDEO LINK
Read more

MARAPE & PAITA ABOUT TO SIGN AWAY PNG GOLD

Image
By: Andrew Arthur Prime Minister Hon. James Marape and his planning minister Reinbo Paita are the parties behind the theft of all Papua New Guinea’s gold for the next 100 years! They have given approval for the STATE of Papua New Guinea to sign away all gold rights to an Australian paper company in Refinery Holdings PTE LTD. First, they have done the deal with a paper company even before there is a LAW that says they have the right to do the deal. We see how the real manipulation works out. Marape and Paita now need to get the law passed by Parliament. The law is before the Parliament to set up Papua New Guinea’s first National Gold Corporation. The National Gold Corporation Bill first surfaced in 2012 but successive Government of Sir Michael Somare and Hon. Peter O’Neill, in their wisdom, had refused to pass this Bill as there have been some sinister motives and constitutional issues associated with the Bill. The new bill will allow Refinery Holdings LTD PTE to own 70% of the National
Read more