Supreme Court clears way for LLG elections

Electoral Commissioner Simon Sinai and Provincial and Local Level Government Affairs Minister Soroi Eoe addressing the media in Port Moresby. *(Image: NBC News / Charles Yapumi)*

The Supreme Court has decided that Papua New Guinea's Local-Level Government (LLG) elections will go ahead as planned after it rejected an Interim stay application to delay them again.

The bench comprising of Justices David Cannings, Derek Hartshorn, and Allan David delivered the decision on the application filed by the Mount Giluwe Rural LLG.

The application had sought the interim injunction to halt the upcoming (LLG) elections pending the determination of a Constitutional Reference.

The Mount Giluwe Rural Local-Level Government took the matter to court, arguing that the elections should not happen until the court rules on another constitutional reference which seek to determine whether the delay in holding the LLG elections has broken the law.

According to the Constitution, LLG elections is supposed to be held at the same time as National Elections, but this hasn’t happened since 2022.

The particular Constitutional Reference still in court challenges the legality of extending the terms of current LLG members beyond two years following the 2022 National General Elections.

Mount Glue rural LLG's application wanted the court to pause the election, saying it could be illegal if held before the court hears the full case.

The Supreme Court however refused to grant the application filed by Mount Giluwe Rural LLG.

In its reasoning, the three men bench found no strong reason to stop the elections as stoping it would interfere with the Electoral Commission's responsibility in running elections in PNG.

The court said that although the legal questions raised are serious and need to be looked at, stopping the elections now could cause more harm than good.

It also said the Mount Giluwe LLG failed to prove that they would suffer any real damage if the elections went ahead.

This decision means that voters across the country can now prepare to elect their LLG presidents.

While the LLG elections are finally set for April 24, 2025.

The Constitutional Reference challenging the extension to the terms of current LLG members beyond two years is scheduled to return to the Supreme Court for further hearing on 22 April 2025.