Justice Stephen Kassman this afternoon said he does not have jurisdiction to hear the stay application filed by Don Polye on Sept 15, seeking to stay the re-count of ballot boxes in the Kandep Open seat.
Following the ruling on Sept 6, Polye filed a slip rule application asking the court to re-visit its decision, alleging that the full bench made an error on Sept 6 by ordering a re-count.
He also went before Justice Kassman on Sunday in a special fixture Supreme Court sitting, asking the court to stay that recount.
Justice Kassman said that urgent application has to return, either before the full bench or a member of the bench that issued the re-count orders on Sept 6. That bench consisted of Justices Allen David, Jacinta Murray and Frazer Pitpit.
He said both the slip rule application and the stay application should be heard together.
Parties will return to court on Wednesday this week for further directions on the matter while the re-count will start tomorrow (Sept 20) in Wabag town.