Justice Stephen Kassman, who listed the matter for hearing on Sept 26, said there is a possibility a member of the three-judge bench that ordered the re-count of ballot boxes on Sept 6 will not be available on that day.
Parties representing Don Polye, Alfred Luke Manase and Electoral Commissioner, appeared before Justice Kassman of the Supreme Court this morning for directions.
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 by ordering a re-count.
For the slip rule application to be heard, leave has to be granted first by at least a member of the Supreme Court bench that issued the order.
The other urgent application seeks to stay the re-counting of the votes taking place.
Electoral Commission’s lawyer Ray Williams was told by the court to file an affidavit today and indicate to the court a confirmed date for the re-count to take place.
Polye’s lawyers got Justice Kassman to hear an urgent application seeking to stay the re-count on Sunday on the assumption the re-count will take place on Monday.
When parties appeared in court on Monday, they were informed by another lawyer from the Electoral Commission that re-count would commence on Tuesday.
However, Williams told the court this morning that he was informed the re-count will start on Thursday (tomorrow).