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CHIEF SECRETARY CLARIFIES LEGAL POSITION ON ELECTORAL COMMISSIONER APPOINTMENT

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CHIEF SECRETARY CLARIFIES LEGAL POSITION ON ELECTORAL COMMISSIONER APPOINTMENT

The Chief Secretary to the Government, Ivan Pomaleu has clarified the legal process governing the appointment of Papua New Guinea's Electoral Commissioner, following public speculation over the possible appointment of a non-citizen to the role.

Mr. Pomaleu said the Government remains committed to upholding the Constitution and the country's laws in all appointments to constitutional offices, stressing that such decisions are guided by the legal framework established by Parliament and independent legal advice, not political preference.

He said the appointment process is governed by Section 126(7) of the Constitution and Part II of the Organic Law on National and Local-level Government Elections. Under the law, the Head of State appoints the Electoral Commissioner on the advice of the Electoral Commission Appointments Committee, a process designed to protect the independence of the office.

Mr. Pomaleu also clarified that neither the Constitution nor the Organic Law requires the Electoral Commissioner to be a Papua New Guinea citizen.

He said while the Organic Law outlines qualifications, disqualifications, restrictions and the term of office, it does not make citizenship a condition for appointment. He added that where Parliament intends citizenship to be a mandatory requirement for a public office, it has explicitly stated so in legislation, which is not the case for the Electoral Commissioner position.