With today being the last day for the return of writs, the Electoral Commission is yet to respond to what would take place if the last few electorates do not declare a member by the end of today.
“Government formation can't occur after Wednesday 2nd August 2017.”
This was clarified in a press conference hosted by the Ombudsman Commissions office in Port Moresby.
Chief Ombudsman Michael Dick, Ombudsman Richard Pagen, and OC Lawyer Vergil Narokobi stressed on the Constitution and the Organic Law as well as the Acts surrounding the issue.
OC Lawyers, Vergil Narakobi explains that the Constitution in Section 105 in part states that writs must be returned before the 5th Anniversary.
The 5th anniversary falls on Tuesday 01st of August 2017.
Meanwhile the Organic Law on Section 177 states that all writs must go in 5 days before the 5th Anniversary.
The Electoral Commission complied with that legal requirement when it extended from the 28th of July to today, 31st July 2017 for the writs to be returned however under the law, the Electoral Commission is only allowed one extension.
“In a situation where most of the writs have not been returned yet, that’s when the Ombudsman Commission can use its powers to help assist another constitutional office,” Narakobi explains.
However, any extension that goes beyond the 3rd of August would be seen as undemocratic or unconstitutional.
The Electoral Commission is yet to respond to actions that would most likely be taking place if the last few electorates do not declare a member by the end of today.