Moresby South Candidate in the 2022 National General Elections, Michelle Hau’ofa has voiced major concern on the need a review on laws to ensure inclusivity, following the National Court decision handed down on Friday 28th April to dismiss the case against incumbent Moresby South Member, Justin Tkatchenko.
The dismissal was based on a technicality under section 208(a) and (d) of the Organic Law on National & Local Level Government Election 1997, as amended.
“The National Court found that the facts were sufficient in my Petition to support the allegations of Bribery. I had withdrawn all other allegations against Justin Tkatchenko except for the bribery Allegations. The National Court also found that the person who witnessed my Petition did not state his Occupation and so for this technicality alone dismissed my Petition.”
On the 6th of September last year, Hau’ofa filed a petition disputing the validity of the return of Tkatchenko as the duly elected member for the Moresby South Electorate. Her dispute was based on allegations of bribery and undue influence, and for errors and omissions on the part of the Papua New Guinea (PNG) Electoral Commission.
In response, Justin Tkatchenko and the Electoral Commission filed objection to competency against her election petition, claiming that her petition did not contain sufficient facts to sustain allegations of bribery and undue influence and secondly, the person who witnessed her petition failed to state his occupation on the petition.
This is because according to Section 208(a) and (d), which states the Requisites of Petition, a petition shall set out facts relied on to invalidate the election and be attested by two witnesses whose occupations and addresses are stated.
Hau’ofa stated that although the court found sufficient facts in her petition to support her allegations, based on a single technicality in which her witness failed to state his occupation on the petition itself, was sufficient enough to dismiss the petition.
“I hold the Judiciary in the highest regard; however, I believe some of our laws prevent equal participation of our citizens and are remnants of a colonial administration that are impractical for today’s purposes and to a degree, unfair. It is for this reason I intend to file a Supreme Court Review of the decision of the National Court to dismiss my Petition.”
She has now made a decision to pursue justice on Section 217 of the Organic Law on the National and Local Level Government Elections 1997, as amended.