Section 103 of the Constitution governs who may be, and who may remain, a member of the National Parliament.
The qualifications
- Age. A member must be not less than 25 years of age (s 103(1)).
- Connection to the electorate. A candidate must have been born in the electorate for which they intend to nominate, or have resided in it for a continuous period of two years immediately preceding nomination, or for a period of five years at any time (s 103(2)).
- Nomination fee. A candidate must pay a nomination fee of K1,000.00 (s 103(2)).
Section 103(2) offers three alternative connections — birth, two years’ continuous residence immediately before nomination, or five years’ residence at any time. Candidates should be able to prove the one they rely on with documents, not assertions. It is a frequent ground of challenge in election petitions.
Section 103(3) — the six disqualifications
A person is not qualified to be, or to remain, a member if:
- (a) they are not entitled to vote in elections to the Parliament — which imports the exclusions in section 50, including dual citizenship;
- (b) they are of unsound mind within the meaning of any law relating to the protection of the persons and property of persons of unsound mind;
- (c) subject to subsections (4) to (7), they are under sentence of death or imprisonment for a period of more than nine months;
- (d) they are adjudged insolvent under any law;
- (e) they have been convicted under any law of an indictable offence committed after the coming into operation of Constitutional Amendment No 24 — Electoral Reforms; or
- (f) they are otherwise disqualified under this Constitution.
What paragraph (f) picks up
- Section 31 — a person dismissed for misconduct in office under the Leadership Code is ineligible for election to any elective public office for three years from dismissal.
- Section 50(1)(a)–(ba) — those under sentence of death or imprisonment for more than nine months, those convicted of a prescribed electoral offence within three years before polling, and dual citizens.
- Section 56(1) — only citizens other than dual citizens may hold elective public office.
Sections 103(4)–(7) — disqualification is suspended pending appeal
Where a person is under sentence of death or imprisonment exceeding nine months, the operation of the disqualification is suspended until:
- (a) the end of any statutory period allowed for appeals against the conviction or sentence; or
- (b) if an appeal is lodged within that period, the appeal is determined.
Where there is a series of appeals, subsection (5) reads those references as applying to each appeal and each statutory period.
If a free pardon is granted, a conviction is quashed, a sentence is changed to nine months or less, or some other penalty (other than death) is substituted, the disqualification ceases — and if, at that time, the writ for the by-election has not been issued, the member is restored to their seat.
Section 103(7) defines the terms: “appeal” includes any form of judicial appeal or judicial review; and “statutory period allowed for appeals” means a definite period allowed by law, whether or not extendable, but does not include an extension unless granted within that definite period.
What happens when a member is disqualified
Under section 104(2)(f), the seat becomes vacant. A by-election then follows under section 106 — unless the vacancy occurs within the 12 months before the fifth anniversary of the return of the writs for the previous general election, in which case the seat stays vacant until the general election.
Two other vacancy grounds in section 104(2) sit alongside disqualification: absence without leave during three consecutive meetings, and taking or agreeing to take payment for services in the Parliament otherwise than as authorised by law.
How eligibility is challenged
Eligibility questions are ordinarily raised by election petition under the Organic Law on National and Local-level Government Elections, in the National Court, within the strict time limit that Organic Law prescribes. Decisions may be reviewed by the Supreme Court — see Aihi v Isoaimo [2013] PGSC 56; SC1276.
A question about the interpretation of section 103 itself is a constitutional question for the Supreme Court under section 18, or by section 19 reference.
Sources
Constitutional sections are amended. Before relying on anything here, read the current text: the Constitution on PacLII. If a decision matters to you, get advice — start with the Office of the Public Solicitor.