Oro vote against Governor Juffa illegal

ANY moves to oust Northern (Oro) Governor Gary Juffa during the provincial assembly meeting which is expected to convene today may be illegal under the Organic Law on Provincial and Local Level Government.

That is the advice of a senior legal officer from the Department of Provincial and Local Government Affairs, in a legal opinion to the Provincial and Local Level Government Affairs Secretary Munare Uyassi.

The legal officer in his opinion dated October 26 said that, "It appears a faction of the Northern provincial assembly members are preparing to oust the Governor from office through a vote of no-confidence."

He explained that the Organic Law on Provincial and Local Level Government was clear on the issue.

He cited the sections relating to the dismissal of a Governor and how the provincial assembly may exercise these powers.

He said in his advice that at a meeting with the Governor last Thursday, they were informed that the faction of LLG members led by Ijivitari MP David Arore had not officially expressed any motion to dismiss him as Governor of which not less than one week’s notice signed by not less than one-quarter of the total number of seats in the assembly.

The notice, according to the legal officer, would have to be given in accordance with the procedures of the assembly which are contained in the standing orders.

"Furthermore, according to section 20(1) any such motion should address in detail the reasons for the motion to dismiss the Governor and a two-thirds absolute majority vote will be needed for the motion to be successful.

"I am of the view that in the absence of any legal requirements as contained under section 20 of the Organic Law on Provincial and Local Level Governments, any move to oust the Governor for (Northern) Oro would be illegal and should not be entertained or allowed to take place under any circumstances."

He advised that the provincial assembly may sit according to its schedule but any motion to move a vote of no confidence should not be part of the agenda.

Part b of section 20 of the organic law says a provincial governor or deputy provincial governor can be dismissed if he/she deliberately and persistently disobeys applicable laws, including the Constitution, an organic law (including this organic law) or any national legislation applying in the province.  PNG Today/Post Courier