PNG speaker Nape attacks electoral commissioner Andrew Trawen
Speaker Jeffrey Nape: Parliament will determine election dates not the electoral commissioner.
Papua New Guinea’s controversial parliament speaker Jeffrey Nape has launched a scathing attack on Electoral Commissioner Andrew Trawen, describing him as a “public servant” who lacks powers to control elections.
The cabinet of parliament-elected Prime Minister Peter O’Neill also came under the speaker’s scrutiny for “intimidating and attempting to adjust” the decision of parliament to defer the 2012 general election by six months.
And Mr Nape, who has not hesitated to unleash his powers as chair of the PNG parliament in his eight-year reign, did not stop there. In an unprecedented move he ruled that PNG politician Luther Wenge was guilty of “contempt of parliament” for filing reports from the proceedings of parliament as part of an affidavit in support of a Supreme Court reference against the O’Neill government’s contentious Judicial Conduct Act.
In a statement to the PNG parliament when it reconvened yesterday, Mr Nape said the reports that Mr Wenge purportedly attached to his affidavit was not published with the authority of parliament.
“Governor for Morobe Luther Wenge has committed gross contempt of Parliament. He has brought Parliament’s integrity into question and he by his unlawful conduct has created a situation which has diminished the credibility of Parliament in the eyes of the people. On 4 April 2012 and 5 April 2012 respectively, Luther Wenge filed in Court two affidavits. Attached to those affidavits were reports on the proceedings of Parliament and documents that had laid before Parliament, none of which had been published with the authority of Parliament. His conduct breaches the Parliamentary Powers and Privileges Act and is an offence under the Act punishable by imprisonment,” he said.
He added: “He tendered into court two copies of a certified Judicial Conduct Act. Neither however had been cleared for publishing and neither had been published by the government printer. How Mr Wenge got his hands on these Acts is unknown, but what is known is that he has published them and tendered into evidence in court these unauthorised copies of the Act in breach of the Parliamentary Powers and Privileges Act.”
Morobe governor Luther Wenge and PNG Opposition Leader Dame Carol Kidu under fire.
Opposition Leader Dame Carol Kidu also came under fire for making public statements in relation to the existence of two versions of the Judicial Conduct Act.
“Further, Mr Wenge’s actions have led the Leader of the Opposition to accuse in a public statement the Officers of Parliament of fraud over allegedly two Acts. She should know better – if she actually bothered to enquire into the facts before making absurd and contemptuous statements. She too is being investigated for breaching the Parliamentary Powers and Privileges Act – which also protects Officers of Parliament – in this regard,” said the speaker.
On the decision by the O’Neill cabinet not to defer the general election by six months, Mr Nape said in an address to parliament that the government cannot “amend” parliament’s decision as it and Mr Trawen did not have the powers.
“Let me inform the Honourable House that the actions taken by the NEC (national executive council) and its public servant (electoral commissioner) is deemed unlawful. I have to advice members of the NEC including Prime Minister and the public servant (Electoral Commissioner) to simply come to Parliament and rescind the motion and that will require the support of 55 members to effectively remove the motion and on laws made by Parliament, you have to do a repeal bill to repeal laws. Let me also clarify that the Electoral Commission, who is a constitutional office holder is a public servant and cannot make any decisions contrary to the decision of Parliament,” he said.
The speaker also warned Mr Trawen that he can only set dates for the general election in line with the decision of parliament: “I as the Speaker of Parliament am duty bound to ensure that the due process of the decision of Parliament is completed and I would like for the Electoral Commissioner to do this duty by setting new dates for the 2012 General Elections. If the Electoral Commissioner is reluctant to complete the electoral process, Parliament will advise the Head of State to perform the duties of the Electoral Commission to set the new dates for the 2012 General Elections. The Electoral Commissioner cannot set dates for elections but can conduct elections only according to dates set by the Parliament.”
The entry of Mr Nape into the debate surrounding the legality of parliament’s decision last week to defer polling by six months will put further pressure on Mr O’Neill, after he assured thousands of protesters in Port Moresby on Tuesday that his government will stick to the general election timetable set by the Electoral Commission.
Mr O’Neill had told the protesters that Mr Trawen had the powers under the PNG constitution to defer the general election and only reports to the governor general – not to parliament as Mr Nape inferred.
However, Mr Nape has indicated he was seeking legal advice: “I am also in the process of seeking court clarification on who has the power to call elections – the Parliament or the public servant (Electoral Commissioner).”