6 Constitutional Sins of Electoral Commissioner Simon Sinai

 

6 Constitutional Sins of Electoral Commissioner Simon Sinai: An Analysis of 2022 PNG Elections

By A Concerned Papua New Guinean

The 2022 Papua New Guinea elections were marred by violence and ill-preparation, casting a shadow over the constitutional integrity of the electoral process. The role of the Electoral Commissioner, Simon Sinai, has come under scrutiny, with allegations of significant constitutional breaches. This analysis aims to unravel the complexities and implications of these purported missteps.

1. Late Appointment of Electoral Officials

Sinai's decision to appoint Returning Officers (ROs) and Assistant Returning Officers (AROs) at the last minute proved detrimental. ROs, responsible for tasks such as validating and updating common rolls, were appointed too late, receiving training only on the eve of voting. This delay likely compromised their ability to manage the elections effectively.

2. Mismanagement of Opening of Writs

The extension of the Opening of Writs, following the unexpected death of late Basil, was controversial. A National Gazette issued by Sinai was deemed invalid as it should have been issued by the Governor-General (GG), not the EC. This procedural error potentially invalidated nominations post-May 19, thereby throwing the legitimacy of the entire electoral process into question.

3. Failure to Appoint Election Advisory Committee

The absence of the Election Advisory Committee, typically composed of independent experts, is alarming. Their role is critical in determining the validity of an election. The lack of this committee raises questions about the constitutional validity of the EC's decisions to fail elections in certain regions.

4. Removal of Section 153A Powers

Sinai's decision to withdraw powers granted under Section 153A of the Organic Law, which allowed Returning Officers to adjudicate disputed ballot boxes, led to confusion and potential legal challenges. This centralization of power to the EC, instead of the ROs, who are closer to the ground realities, likely complicated and delayed the counting process.

5. Misinterpretation of the Authority to Extend Writ Return Dates

The EC's assumption that he had the authority to extend the date for the return of writs beyond the constitutional deadline further demonstrates a misunderstanding of his legal powers. This action, which goes against the clear guidelines set out in the Constitution, threatens the constitutional legitimacy of the government formed post-elections.

Conclusion

The 2022 elections in Papua New Guinea, under the stewardship of Simon Sinai, have been marked by a series of constitutional violations. These actions have not only undermined the democratic process but also raised significant concerns about the future of electoral integrity in the country. The need for a thorough investigation and possibly a Commission of Inquiry is evident, alongside urgent reforms to prevent such failures in future elections. The cost, both socially and economically, of these alleged constitutional sins cannot be understated, with the potential to fuel further unrest and legal disputes in an already tense political climate.