Electoral Commission Press Release

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Sunday February 2 2003

P R E S S R E L E A S E

VOTES from last year's failed election for the Southern Highlands provincial seat in the National Parliament are not going to be counted in April's fresh elections in the province.

Election boss Mr Andrew Trawen, pictured below, says this is what the Electoral Commission will argue in court when a date is set for the National Court to deal with the matter in Port Moresby.

Mr Trawen, the acting Electoral Commissioner, was speaking at the Electoral Commission headquarters in Port Moresby this afternoon (Sunday February 2).

All day today (Sunday February 2), Mr Trawen and Election Operations Manager Mr Michael Malabag reviewed preparation for the fresh elections with election managers from all parts of the country who had flown into Port Moresby for the briefing.

Mr Trawen appealed to everyone including the news media not promote a public debate about what might happen because, he says, the matter is for the court to decide.

The Electoral Commission failed the provincial election, five other National Parliament elections and all the local government elections in these Southern Highlands electorates last July because:

• Lawlessness, violence and killings stopped voting in many areas;
• Some or all ballot boxes with votes were destroyed by candidates and their supporters; and
• Ballot boxes, with votes, had been stolen or illegally transported by candidates and their supporters - and the lawfulness of the votes was questionable.

Only the results of the Mendi, Ialibu-Pangia and Nipa-Kutubu National Parliament elections and the local governments in them were accepted as lawful, and declared.

Mr Trawen says votes for the provincial seat from the Mendi, Ialibu-Pangia and Nipa Kutubu elections are part of a failed election and cannot be used under the law in April¡'s supplementary election.

A candidate in last year's failed election, Mr Hami Yawari, disagrees and is taking the matter to court.

Mr Trawen says the Electoral Commission is ready to argue its case in court.

Mr Hawari had asked the National Court just before Christmas to hear his case - and the court has not done this so far because no judge has been appointed to hear the case, says Mr Trawen.

The Electoral Commission had forced Mr Yawari to withdraw his earlier election petition because the petition procedure his lawyers used was not the right one to challenge the failed election, says Mr Trawen.

He says the Electoral Commission wants to deal quickly with the new case by Mr Yawari.

That, says Mr Trawen, is why he has instructed Electoral Commission lawyers to make sure the case is heard as soon possible to get it over so it does not interfere with the set timetable for the fresh elections.

Under the timetable for April's fresh Southern Highlands elections:

Election orders called the writs are to be signed and given by the Governor-General and the Minister for Inter-Government Relations next month on Thursday, February 20, for the supplementary elections to start officially with new nominations, and campaigning.

The nominations for last year's elections are no longer lawful.

The Governor-General gives the writs for the National Parliament elections and the local government ones are given by the Inter-Government Relations Minister.

• The new nominations close Thursday, February 27.
• Campaigning continues until Friday, April 25.
• Voting starts Saturday, April 26, and finishes Friday, May 9, for counting to start.
• On Tuesday May 27, the Electoral Commission returns the election writs to the Governor-General and the Inter-Government Relations Minister for the elections to finish officially.

Mr Trawen says all candidates for the fresh Southern Highlands elections must nominate in the districts of their electorates and give their nominations to their respective returning officers and assistant returning officers.

He says the Electoral Commission is not allowing nominations to be made in Port Moresby or anywhere else in the country outside of the Southern Highlands electorates where the fresh elections are to be held.

/..ENDS

Andrew Trawen
Acting Electoral Commissioner

• Please contact their media assistant Tarcissius Bobola at his Email address or if you have any queries visit their website www.pngec.gov.pg for past Press Releases.

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THE Electoral Commission is appealing against yesterday’s (Tuesday February 11) National Court decision that may allow last year’s failed Southern Highlands election votes in April’s new elections.

Election boss Mr Andrew Trawen announced that this afternoon (Wednesday February 12) at the Electoral Commission headquarters in Port Moresby.

He says the Chief Justice, Sir Arnold Amet, has appointed a Supreme Court to hear this appeal immediately, so the timetable for the fresh elections — already set to start officially next Thursday — can still be followed.

The Supreme Court is hearing the Electoral Commission appeal next Monday (February 17) at 9am, says Mr Trawen, the acting Electoral Commissioner.

If the Supreme Court makes a decision at once, Mr Trawen says the fresh election timetable starts next Thursday (February 20), as programmed, with nominations and campaigning.

National Court judge Sir Kubulan Los ruled in Port Moresby yesterday (Tuesday February 11) that the Electoral Commission was not reasonable when it decided that last year’s failed votes cannot be used in the new elections.

Today (Wednesday February 12), Electoral Commission lawyers were to ask Sir Kubulan in Mount Hagen to make it clear if he wants last year’s failed votes to be counted in April’s new election.

Sir Kubulan did not say this in Port Moresby yesterday (Tuesday).

While waiting for Sir Kubulan’s latest decision, Mr Trawen instructed the commission's lawyers to appeal against his ruling yesterday (Tuesday).

Mr Trawen says Sir Kubulan’s decision yesterday (Tuesday) will delay the fresh Southern Highlands elections from being held quickly for the Southern Highlands to be fully represented in the National Parliament by all its elected lawmakers.

ENDS

Andrew Trawen
Acting Electoral Commissioner

Please contact their media assistant Tarcissius Bobola at his Email address if you have any query and visit their website www.pngec.gov.pg for past Press Releases.

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THE Supreme Court is not stopping the fresh Southern Highlands elections from starting officially this week on Thursday (February 20), as programmed.

Election boss Mr Andrew Trawen, pictured left, said this at the Electoral Commission headquarters in Port Moresby tonight (Monday February 17).

He says a Supreme Court decision set for 9.30am Wednesday (February 19) is to clear any misunderstanding on two things only.

First, he says, the court will announce who can contest the provincial or regional election to choose the Southern Highlands Governor.

The court has been asked to decide if only those who contested last year’s failed election can stand in the new election — or if others can nominate, too, on Thursday (February 20), says Mr Trawen, the acting Electoral Commissioner.

This, he says, will not affect the timetable for all six elections that failed last year — including the one for the Governor.

Mr Trawen says the second thing to be announced by the Supreme Court on Wednesday (February 19) is if voting for the Governor’s election will take place in Mendi, Nipa-Kutubu and Ialibu-Pangia in the new election.

Those are the only three National Parliament electorates whose elections last year were accepted by the Electoral Commission and declared.

Again, says Mr Trawen, a court decision for or against will not stop the fresh elections from starting on Thursday (February 19), as scheduled.

If the court decides that votes from last year’s failed election must be counted in the new election then the only thing that will happen, says Mr Trawen, is that voting for the Governor will not be held in the three electorates.

If the court decides against this then new voting must be held there, says Mr Trawen.

He repeats that the election timetable will not be affected by what the Supreme Court decides on Wednesday (February 19).

The writs will be issued on Thursday (February 20) — and all arrangements are set for the elections to go ahead, says Mr Trawen.

The argument for the use of last year’s votes in the failed Governor’s election ended in the Supreme Court this morning (Monday February 17) because of an Electoral Commission appeal.

Last Tuesday (February 11), National Court judge, Justice Sir Kubulan Los, said the Electoral Commission was not being reasonable for refusing last year’s votes in the new elections.

A three-man Supreme Court bench of the Chief Justice, Sir Arnold Amet, Mr Justice Salamo Injia and Justice Mrs Catherine Davani is now studying arguments by the Electoral Commission and Mr Nipa Hami Yawari to announce their decision on Wednesday (February 19) morning — 24 hours before the new elections start with nominations and campaigning.

Mr Yawari was the leading candidate in last year’s failed election for the Governor’s job.

He wants his 97,000 Mendi, Nipa-Kutubu and Ialibu-Pangia votes from last year to be counted in the new election which he says he is contesting.

//..ENDS

Andrew Trawen
Acting Electoral Commissioner

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Wednesday February 26 2003

P R E S S R E L E A S E


ELECTION boss Mr Andrew Trawen, pictured left, is refusing to let what he calls lawless troublemakers force any more delays with the fresh Southern Highlands elections.

He says the Electoral Commission is not extending the nomination period for the fresh elections to please unpaid workers from last year’s elections who stopped nominations until yesterday (Tuesday February 26).

Mr Trawen, the acting Electoral Commissioner, says nominations are still closing at 4pm tomorrow (Thursday February 27), as programmed under the election timetable.

He was speaking at the Electoral Commission headquarters in Port Moresby today (Wednesday February 26) — and he appeals to all prospective candidates to make sure they nominate before tomorrow’s (Thursday) closing time.

Mr Trawen says the Electoral Commission decision not to extend the nomination period is backed by law — and two separate Supreme Court decisions in the past.

The law, says Mr Trawen, is clear. Seven days is the fixed number of days for election nominations, he says.

The Electoral Commission’s team leader in the Southern Highlands, Mr Abraham Wari, was advised of this first thing this morning (Wednesday), says Mr Trawen.

Mr Wari, the Southern Highlands provincial returning officer, had asked Mr Trawen yesterday (Tuesday February 25) to extend the nomination period for an extra five days from tomorrow (Thursday February 27) to next Wednesday (March 5).

Mr Wari asked for this five-day extension to make up for the five days of nomination time that was lost since last Thursday (February 20).

Nominations opened last Thursday (February 20) — and unpaid workers from last year’s elections forcefully stopped nominations by shutting down the Electoral Commission office in Mendi.

Nomination forms for all six fresh elections had been locked up in the office by Electoral Commission to stop them from being stolen and copied, says Mr Trawen.

He says the office re-opened at 2pm yesterday (Monday February 24) after Mr Wari told the unpaid workers that the Electoral Commission in Port Moresby had received money from the Government to pay them off.

Mr Trawen refuses to discuss details of the payments or say exactly when they will be made to avoid what he describes as security risks that may lead to armed holdups to steal the money.

Both Mr Trawen and Mr Wari refuse to talk about police inaction over the forced closure of the Southern Highlands Electoral Commission office and the threats made against returning officers and assistant returning officers to stop them from doing their work.


ENDS

Andrew Trawen
Acting Electoral Commissioner

Please contact our media assistant Tarcissius Bobola at his Email address if you have any query and visit our website www.pngec.gov.pg for past Press Releases.