Solicitor General, Tauvasa Tanuvasa, upon instruction from the Attorney General, filed a Supreme Court Special Reference on Tuesday, under section 19(1) of the Constitution, in relation to persons who are intending to stand for the Elections.
This follows concerns raised by the Attorney General that there are interested parties or persons intending to stand for the elections with criminal convictions against them.
The Attorney General through the Solicitor General seeks to establish clarification from the supreme court through this reference as to whether persons who are convicted by a court of competence jurisdiction are eligible to nominate or eligible to stand for office.
With the National General Elections set to begin in April, the Solicitor General says he hopes to expedite the matter quickly, so clarification is obtained from the Supreme Court on questions raised in the Special Reference.
The questions in the Special Reference arise from section 103(3) and (6), and section 50(1) of the Constitution which relates to the right to vote and stand for public office and qualifications for and qualifications from membership.
While there are no similar Special Reference filed in the past, Tanuvasa says this Special
Reference is prompted by comments made by the Courts in relation to the case of Mr. James Yali, former Madang Governor, who was convicted and jailed for rape, later freed by the courts, and allowed to contest in the 2017 National General Elections.
Tanuvasa said, while Mr. Yali’s case was dealt with on its own merits, the questions that are now raised in the Special Reference relate to whether persons who have been convicted should then be allowed to stand for elections.
“This Special Reference in a way deals with the issue generally, so that all persons know where they stand in terms of the elections, adding this will assist the Electoral Commissioner to make decisions regarding persons who fall in this category.”
Other issues arise, in regards to ‘power of mercy’ committee. Whether people who go to ‘power of mercy committee’ after conviction are cleared (if approved by the committee). Conviction is on record, says Tanuvasa.
“The ‘power of mercy’ does not wipe clean the conviction. It only pardons, under s.103 of the Constitution.”
“This issue comes to light as a result of many concerns raised by the public, the people of Papua New Guinea. Adding the supreme court will help to clarify the issue before or during the elections.
“Those that fall in the category should then be mindful of whether they should contest the National General Elections,” he said.
With reference served to relevant parties under s.19(1) of the Constitution, the matter is set to have its first directions hearing next week Tuesday, 15th March 2022 to progress the matter to a full substantive hearing.
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