This time, it has gone before the Supreme Court with member for Koroba-Lake Kopiagio, Philip Undialu filing an application asking the Supreme Court to stay the National Court proceeding.
This is the National Court proceeding which Justice Collin Makail found both the elections of Komo-Margarima MP, Francis Potape, and Koroba-Lake Kopiagio MP, Philip Undialu, to the Governor’s post on July 5, null and void as it breached Standing Orders of the Hela Provincial Government.
The National Court on Sept 6 ordered parties to go back to the Hela Provincial Assembly and vote a governor.
Undialu filed an appeal on Sept 12. The application came before Justice Stephen Kassman on Wednesday for directions however it was adjourned to Sept 21.
On Tuesday the Hela Provincial Assembly meet in Tari where nine out of the 13 members unanimously elected Komo-Margarima MP, Francis Potape as the new Governor.
Those absent during the meeting were member Koroba-Lake Kopiagio, Philip Undialu, Tari-Pori MP James Marape, the female Church Representative, and the Awi Pori Lagayu LLG president.
The Hela Provincial Assembly clerk Watson Ebela who was supposed to take minutes of the meeting was absent which saw the Deputy Assembly clerk step in to take minutes.
Meanwhile in a related court matter, Hela Provincial Assembly clerk Watson Ebela has filed an application before the National Court seeking declaratory orders that the Hela Provincial Government Standing Orders be declared illegal.
Deputy Governor for Hela Thomas Potape, Koroba-Lake Kopiagio MP, Philip Undialu, Tari-Pori MP James Marape are all listed as respondents in this matter.
Ebela is alleging the current Standing Orders used by the Hela Provincial Government was not approved and certified as per the requirements under section 7 of the Provincial Government Administration Act.
Section 7 of the Provincial Government Administration Act says that the Chairman and Clerk of the a Provincial Assembly must certify the Standing Orders before it is given to the Minister for Inter-Government Relations and Provincial and Local Level Government for approval.
He claims the Standing Orders established on Sept 26, 2012 that was forwarded to the Minister for Inter-Government Relations and Provincial and Local Level Government for approval was not certified by himself nor the Chairman of the Hela Provincial Assembly.
Loop file picture.