Following the passing of the late Governor of New Ireland Province, the Late Sir Julius Chan, conversations have been ongoing both in the community and on social media regarding who will be the next Governor.
Upon Sir J’s passing the deputy governor, Sammy Missen, automatically took over as care-taker governor, as was the usual practice when Sir J went on duty travel out of the province when he was still alive.
Pending a by-election date, yet to be set by the Electoral Commission, the Provincial Assembly will sit on the 26th of March and go ahead with the Election of an Acting Governor on the day.
Per the advice from the Secretary of the Department of Provincial & Local Level Government Affairs Mr. Philip Leo, upon the passing of the late Provincial Governor, there is now effectively a vacancy in the seat of the Provincial Governor as per section 19(1)(e) of the Organic Law on Provincial Governments & Local Level Governments (OLPGLLG).
New Ireland Legislative Assembly Under section 21(1 ), establishes who is eligible to be elected. It clearly states that the Open Members are eligible to be elected as the Provincial Governor when the current scenario occurs.
Section 21 (3) together with section 19(1) (b), also clarifies that if a member of Parliament from the New Ireland Provincial Assembly is holding a Ministry, as is the case with the two Open MPs of the Province, they are automatically disqualified from being eligible to be elected as Provincial Governor.
However, in the event they wish to be eligible to be elected they will have to resign from their Ministerial Portfolios.
“If only one of the Open MPs resigns to become eligible for the Governor’s post, that Open MP will have to be seconded and the Deputy Chairman will declare him as the Provincial Governor,” said OLPGLLG Secretary Philip Leo.
Secretary Leo also advised that should the Deputy Governor wish to be eligible to be elected as the Provincial Governor on the floor of the Assembly, he will have to tender his resignation to the Minister.
An assistant Chairman will have to be appointed by the Assembly from amongst the members of the Assembly, to perform the duties of Chairman during the Assembly sitting that elects the Provincial Governor.
The Clerk of the New Ireland Legislative Assembly, Ao Ure, confirmed that the voting will be carried out through an Open Ballot.