The Governor for Morebe Province announced today that the Provincial Executive of Morobe Provincial Government filed a Special Constitutional Government Reference in the Supreme Court seeking the Court’s opinion on some important issues.
The Special Reference went before the Supreme Court for Directions Hearing today, where the Court checks the form and type of questions asked, the legal authority of persons making the Reference under section 19 of the Constitution and the parties interested who are appearing in the Reference.
Governor Wange questions in the Reference the running of the 2022 National General Elections by the Electoral Commission and has ask the Supreme Court to provide a declaratory opinion on the constitutional validity of the process and procedures involved by the Commission in running the Election for the future
The question put to the Supreme Court essentially asks the Court to clarify the position that the Electoral Commission failed to conduct the 2022 Elections properly including failing to prepare and update the Electoral Roll for the Election in good time or at all.
Governor Wange will ask the Court to provide its advisory opinion as to whether the practical failure of the Electoral Commission breached the Constitution Section 50 and 126 and if that is the case, can the Election be decleared failed by such failures of the Electoral Commission. If the Election is declared failed by the Supreme Court, it is an opinion only for future reference and will not actually affect the election results which should have been addressed through a Court of Disputed Returns by filing a Petition in the National Court within 40 days of every election result being declared.
The Supreme Court Reference should apply to the conduct of the 2027 National General Election.
Section 50 guarantees all citizens the right to vote and to stand for elective public office and be provided the reasonable opportunity to do so.
Section 126 guarantees the independence and integrity of the Electoral process and the work Electoral Commission to conduct elections.
The Questions asked are;
- On the true interpretation and application of the following Constitutional Laws, are Section 46,46A(1), 46(3) and /or 52 of the Organic Law on National and Local Level Government Elections constitutionally valid notwithstanding inter alia that the Electoral Commission is granted a direction when and wheather to revise, any of them unconstitutional in breach of Constitution section 50 and / or Constitution 126.
- In the facts and circumstances referred to above, have ss 46, 46A(1), 46A(3), 47, 48A of the Organic Law on National and Local Level Government Elections (on their true interpretation and application) have been breached in respect of the 2022 National Election.
- In the facts and circumstances referred to above, have Constitution s 50 and / or Constitution s 126 (on their true interpretation and application) been breached in respect of the 2022 National Election.
- If the answers to any of Questions (1), (2), or (3) above are that there has been a constitutional breach (or there is constitutional invalidity) what are the consequences in respect of the 2022 National Election and specifically, whether there is a failed election.
