Attempts to replace electoral commissioner not in PNG's interest
PRESS RELEASE: Opposition Leader Dame Carol Kidu, DBE
The continued debate about the validity of the re-appointment of the Electoral Commissioner in January 2010 only serves to destabilise further a very difficult political situation and is not in the best interests of the country.
Papua New Guinea is only three weeks away from the delayed Issue of Writs and it is time to put the power of choice back into the hands of our people. If the Government had valid reason to replace the current Electoral Commissioner, it should have been done so months ago soon after the political coup of August 2 last year.It has been argued that the Appointments Committee took only 5 minutes to make the decision and thus it was a flawed decision.
One would assume that both the Prime Minister and the Opposition Leader at the time agreed with the appointment so why is it now being stated as flawed?
The appointment was gazetted under the required signatures and there is no requirement under the Organic Law on National and Local Level Government Elections (OLNLLGE) for the reasons for extension to be included within the instrument.
OLNLLGE Section 14(2) does not require inclusion of the reason in the instrument and surely the reasons were known by the members of the Committee when they made their decision. If not, why did they make the decision? OLNLLGE Section 5 allows re-appointment and the correct provision is cited in the instrument.
This issue is being raised in the final stages of preparation for the General Election – a massive task for the whole country. The Electoral Commissioner for a General Election must have experience and to change the Commissioner just before the General Election would be foolish. Any review of his position is not easy.
The Organic Law on Constitutional Office Holders gives no one authority to suspend the Electoral Commissioner until and unless a Tribunal has been set up. Section 4 specifies that this Tribunal must consist of 3 judges appointed by the Chief Justice and the Electoral Commissioner can only be removed after investigation by the Tribunal.
If the Electoral Commissioner is replaced without going through appropriate processes, he would undoubtedly take the matter to court as would be his right. As the Leader of the Opposition I opposed his removal when I attended the Appointments Committee meeting before I left on official duties. Because of the immediacy of the elections, my position on that matter has not changed and will not change.