The Hela Provincial Assembly will go back and vote a governor at a date, time and venue appointed by the Provincial Assembly clerk to fill the vacancy in the Governor’s post, the National Court has ruled.
This Provincial Assembly meet will have to be chaired by the Deputy Governor Thomas Potabe as per the Standing Orders of the Hela Provincial Assembly.
The decision came this morning after what seemed like a long, two-hour wait for the Hela provincial leaders in court and their supporters, who gathered outside the Waigani National Court buildings.
Justice Collin Makail in his decision found both the elections of Komo-Margarima MP, Francis Potape, and member Koroba-Lake Kopiagio, Philip Undialu, to the Governor’s post on July 5, were null and void.
“I find that each meeting was called and conducted in breach of the Standing Orders and illegal. I further find that breaches are so serious that they tainted the entire election of both parties,” Justice Makail said today.
He went on to say that neither party can claim a valid entitlement to the position of Governor until the entire process of electing one is complied with.
Court also found that Potape and his faction confirmed that the meeting was going to be held at 10am however, they boycotted the meeting as things did not work out for them that morning.
The court also refused interim orders today that were being sought by Potape in the motion.
Potape was seeking interim orders to have the court recognise him as Hela Governor and also to restrain Undialu from acting as Governor.
A Provincial Assembly meeting was conducted on June 28 in Hela. This meeting was adjourned to the afternoon of July 5.
Undialu was purportedly elected governor by the Provincial Assembly on the morning of July 5 at 10 o’clock while Potape was elected governor at 2pm the same day.
Both elections were found be to illegal by the court.