The Supreme Court will give its ruling on Wednesday whether it will grant leave or allow a Slip Rule application to be heard by the court over the Kandep ballot boxes re-count order.
The Slip rule application filed by sitting Kandep MP, Don Polye is asking the Full court to revisit its decision from Sept 6.
Polye is also asking the Court to stay the re-count of those boxes.
Submissions were made in court today on whether a Single judge has jurisdiction to stay a re-count pending the hearing of the Slip rule application if it is allowed to be heard by the full court.
That re-count commenced in Wabag town today at 10am as per orders of the Supreme Court on Sept 6 for the Electoral Commission to conduct a re-count of ballot boxes within 30 days.
Polye’s lawyer, Daniel Piam told the court today the subject of the slip rule is in orders No.3 and 5 of Sept 6 which varied the order of the National Court on May 2.
On May 2, the National Court ordered a count of 5 disputed ballot boxes from the areas of Lungutenges No.1, Kombros No.1, Kambia No. 1, Maru and Imipaka however the Full court on Sept 6 varied that order, and told the Electoral Commission to conduct a re-count in 30 days.
Piam said the National Court in the Election Petition filed by Alfred Manase found no error or omissions done by the Electoral Commission.
He submitted the appropriate step was for the Supreme Court to order for counting to continue from the 5 disputed boxes and if need be go into the elimination as per section 212(1)(d) of the Organic Law on Provincial and Local Level Government.
Piam told the court that petitioner; Alfred Manase did not seek an order for a re-count in the Election Petition he filed in the National Court.
Manase’s lawyer Christine Copland submitted a recount was necessary due to the Limited Preferential Voting System.
Electoral Commission’s lawyer Ray Williams said to do a re-count poses a whole lot of risks again and a re-count would also mean that the Supreme Court has accepted the allegations of errors and omissions done on the part of the Electoral Commission despite the National Court finding otherwise.
He added Polye has raised grounds which may be successful which may also require leave to be granted.