PORT MORESBY (Pacnews) — The Papua New Guinea government is considering deferring the 2007 national election by at least a month, a move the Electoral Commission has advised against.
The cabinet met on March 29 to discuss the elections and its preparedness, and made a decision to recommend to the Electoral Commission that the polls be deferred because of concerns about the common roll and the new voting system.
Electoral Commissioner Andrew Trawen was summoned to this meeting and spent the whole day with the cabinet, and returned to consult with his lawyers on the issue, upset that what were being suggested may be unconstitutional, sources said.
The cabinet’s decision to defer the elections was not made public, but it did announce the setting up of a ministerial committee to look into and report on the election preparations.
Answering questions in Parliament, PNG’s Prime Minister Sir Michael Somare further fueled this by expressing uncertainty about the date for the issue of writ — set by the Electoral Commission for May 4, which is two weeks away.
Sir Michael said the common rolls were not updated and the Electoral Commissioner was yet to brief him on the progress.
He said the Electoral Commission alone had the discretion and power under the Constitution to change dates for the issuing of writs to defer the elections.
Sir Michael made the remarks in response to Morobe Gov. Luther Wenge’s questions in relation to confusion of dates for the issuing of writs and election disruption.
“I believe the electoral commissioner must come and brief us on the progress. So far he has not. Once he briefs us next week before Parliament sits again, I will be able to inform the house of what the situation is. Issuing of writs is on the 4th of May, but the Electoral Commission had the discretion and under the Constitution can determine if the issuing of the writs would be delayed for another four weeks. He has the discretion. But he has not advised me yet,” Sir Michael said.
But the Electoral Commission disputed this, saying under the timeframe this was not possible.
Prominent lawyer and adviser to the Electoral Commission Dr, John Nonggorr said the date set for the issuing of writs on May 4 cannot be shifted.
He said it was not possible under the Constitution to defer the date of the issuing of writs and the election program.
Neither the Electoral Commissioner nor Parliament could be able to do this because the time frame is limited, Nonggorr said.
“While the prime minister is correct in saying that the Electoral Commissioner had the discretion to change dates, there was limited time for him to do so. We have run out of time,” Nonggorr said.
Another legal source supported Nonggorr, saying if Parliament voted to amend the Constitution to defer the elections, there has to be a mandatory period of two months before the second reading is entertained. This cannot happen because there are only two weeks to go before writs are issued.