Gulf Governor’s Seat is Not Vacant, says Lawyer

By Serah Aupong – EM TV, Port Moresby

The Gulf governor’s seat is not vacant; this is according to Simon Keta, lawyer representing Havila Kavo.

Laws relating to the qualification and disqualification of a member of parliament, needs to be read in their entirety to avoid confusion.

In recent days, politicians from the Gulf province have come out in the media questioning Kavo as the legitimate Governor of the province.  

Simon Ketan, lawyer representing Havila Kavo said people are entitled to their opinions, but in the interest of everyone, the comments must be fair and factual.

He said, according to section 17 of the organic law on Provincial & Local Level Government and section 103 of the constitution, the Gulf Governor’s seat is not vacant.

Ketan said these laws offer clarity on the situation when they are read together and in full. 

In this instance, he added, an appeal against the conviction of Kavo by the National Court, was lodged on the 29th of October 2014 within the statutory appeal period of 40 days, so the disqualification under subsection 3 (of section 103 of the constitution) was suspended.

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