LLG special reference heard

The Supreme Court today heard a special reference filed by Mt Giluwe Rural Local Level Government [LLG] president and Western Highlands deputy governor Michael Mai, seeking constitutional clarity on the conduct of LLG elections.

The case, brought under Section 19 of the Constitution, was presented before a five-man bench, with arguments focused on seven out of 19 key questions initially filed in the reference.

Among the major issues raised in the special reference include the timing of LLG elections, specifically the interpretation of Section 34(1) of the Organic Law on Provincial and Local Level Government Elections.

Mai's legal team argued that the repeated deferral of LLG elections—held years apart in 2013, 2019, and 2024 instead of shortly after national elections—was unconstitutional.

He further questioned the legality of extending the terms of LLG presidents and criticized the plan to hold the 2024 LLG elections on April 24, claiming it goes against the law also.

The Papua New Guinea Electoral Commission [PNGEC], one of three interveners in the case, argued that LLG elections do not necessarily have to run concurrently with national elections.

They stated that elections should be held whenever it is practicable, depending on the availability of funds and resources to conduct them.

This stance was challenged by the referer, who insisted that the delay and timing of elections undermine the integrity of local governance and violate constitutional requirements.

Mai’s case also includes broader constitutional questions such as whether LLG presidents should be elected directly by voters or indirectly by ward councillors, and whether the creation of District Development Authorities [DDAs] violates the Constitution’s provision for a three-tier government system.

He also questioned the legitimacy of current LLG councillors and presidents remaining in office until the 2027 national elections.

While the Supreme Court has reserved its ruling on the matter today, the LLG elections for the country are set to be rolled out on April 24th this week.