Philip Bouraga v Hugo Berghuser [1987] PNGLR 381

• Jurisdiction: Papua New Guinea
• Judge: Woods J
• Judgment Date: 01 December 1987
• Citation: [1987] PNGLR 381
• Docket Number: In the Matter of the Organic Law on National Elections and Disputed Returns for National Capital District Electorate
• Court: National Court
• Year: 1987
• Judgement Number: N644

Full Title: In the Matter of the Organic Law on National Elections and Disputed Returns for National Capital District Electorate; Philip Bouraga v Hugo Berghuser [1987] PNGLR 381

National Court: Woods J

Judgment Delivered: 1 December 1987

1 Elections—Parliament—Constitution s103(2) residential qualification for a candidate for Parliament

2 PARLIAMENT—Elections—Disputed election petition—Residential qualifications—Resided in electorate "for period of five years at any time"—Pre–independence residence qualifying—Citizenship benefits qualifying—Constitution, s69(1)(a), s103(2).

3 Re Moresby North East Parliamentary Election (No 2): Goasa Damena v Patterson Lowa [1977] PNGLR 448 and SCR No 3 of 1984; Kevin Masive v Iambakey Okuk [1984] PNGLR 390 referred to

Held:

That for the purposes of satisfying the residential qualification for nomination for election to Parliament under s103(2) of the Constitution of "residence in the electorate for a period of five years at any time" residence in the electorate for the period between 1960 and 1969 satisfied the requirements, where the petitioner had applied for citizenship under s69(1)(a) of the Constitution within two months of Independence and was thus entitled to the benefit of eight years or more residence at any time prior to Independence.

Re Moresby North East Parliamentary Election (No 2): Goasa Damena v Patterson Lowa [1977] PNGLR 448 and SCR No 3 of 1984; Kevin Masive v Iambakey Okuk [1984] PNGLR 390, applied.

Petition

This was the hearing of a petition to the National Court pursuant to the Organic Law on National Elections contesting the validity of the election of a candidate on the ground that the candidate lacked the necessary residential qualifications for nomination for election under s103(2) of the Constitution.

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Woods J: The petitioner, Philip Bouraga, is disputing the validity of the election of the respondent, Hugo Berghuser, to the National Parliament following the results of the election for the National Capital District electorate in 1987. The sole matter raised in the petition is that the respondent was not qualified to be nominated as a candidate for the National Capital District electorate by...