Chief Secretary to Government Ivan Pomaleu has issued a formal clarification on the legal framework governing the appointment of Papua New Guinea’s Electoral Commissioner, responding to recent public speculation over whether a non-citizen can legally hold the office.
In a press statement released today, Mr Pomaleu said the Government remains firmly committed to upholding the Constitution and the laws of Papua New Guinea in all constitutional appointments, stressing that such decisions are guided by legal provisions rather than political preference.
He explained that the appointment process is governed by Section 126(7) of the Constitution and Part II of the Organic Law on National and Local-level Government Elections, with the Electoral Commissioner appointed by the Head of State acting on the advice of the Electoral Commission Appointments Committee.
Addressing concerns raised in public debate, Mr Pomaleu stated that neither the Constitution nor the Organic Law requires the Electoral Commissioner to be a Papua New Guinea citizen.
He said while the Organic Law outlines qualifications, term of office, disqualifications and restrictions, it contains no provision limiting eligibility on the basis of citizenship.
“Where Parliament has intended citizenship to be mandatory for a public office, it has expressly legislated such a requirement. No such requirement exists for this office,” Mr Pomaleu said.
The Chief Secretary further clarified that should a non-citizen be appointed, the appointment would still be lawful and subject to the Public Employment (Non-Citizens) Act, which requires the State to enter into a lawful employment contract consistent with the Organic Law and determinations of the Salaries and Remuneration Commission.
Mr Pomaleu emphasised that any appointment would continue to be assessed on merit, competence, integrity, independence and the individual’s ability to discharge the constitutional responsibilities of the office in the national interest.
He said Papua New Guineans rightly expect elections to be conducted with impartiality, transparency and professionalism, adding that these principles remain central to every decision relating to the Electoral Commission.
The Chief Secretary also welcomed public discussion and scrutiny of constitutional appointments but urged that such debate be informed by law rather than speculation.
He reaffirmed that the Government remains committed to protecting the integrity, independence and credibility of Papua New Guinea’s electoral system and ensuring that every constitutional appointment is made lawfully, transparently and in the best interests of the nation.