Court finds election of WNB governor illegal

By SIMON ERORO

JUSTICE David Cannings has ordered the election of the Member for Talasea Open Francis Maneke on the 18th of June, 2019 as new governor for West New Britain Province illegal.

The Sunday Bulletin has obtained copies of the court orders handed down last week Friday (28th of June 2019) at the Waigani National Court in Port Moresby.

The plaintiffs in this matter OS No. 401 of 2019 challenging the election of the Member for Talasea as the new governor of WNB are both the deputy governor Lawrence Mango and Member for Kandrian Gloucester Open Joseph Lelang.

The position of the governor of the province became vacant after Sasindran Muthuvel was appointed as State Minister in the Marape – Steven Government in the recent Vote of No-Confidence against the former Prime Minister and Member for Ialibu-Pangia Peter O’Neill.

Mr Muthuvel was appointed Minister for State Enterprise.

Justice Cannings also ruled that Minister Muthuvel who is named as the first defendant in this matter perforce of Section 19(4) of the Organic Law on Provincial Governments and Local Level Governments continues in office as governor of the province until the election of the new governor.

The court ordered that he is authorised to perform all the powers, functions, duties and responsibilities of that office including chairing the meeting of the provincial assembly to elect the next governor.

The court further ordered that the WNB Provincial Assembly shall proceed forthwith to elect the new governor as required by and in accordance with Section 21(1) of the Organic Law on Provincial Governments and Local Level Governments in compliance with the Standing Orders of the WNB Provincial Assembly.

Meanwhile, Mr Lelang speaking to this newspaper confirmed his lawyers are considering appealing to the Supreme Court to interpret the Organic Law as it relates to the governor and his powers under section 19(4) and other relevant provisions of the Organic Law as it relates to section 19(1)(b).

This newspaper is also reliably informed lawyers representing the plaintiffs are preparing to file contempt proceedings against Member for Talasea and others who were involved in his illegal election as governor.