Tofinga v Attorney General [2008] KIHC 24; Civil Case 113 of 2008 (29 July 2008)

In the High Court of Kiribati
Civil Jurisdiction
Held at Betio
Republic of Kiribati

High Court Civil Case 113 of 2008

Between:

Martin Puta Tofinga
Takabea Nautonga
Tentala Kanawa
Katewea Temaki
Plaintiffs

And:

Attorney General iro Electoral Officer for the Betio Electoral District
Defendant

For the Plaintiffs: Mr Karotu Tiba
For the Defendant: Mr Birimaka Tekanene

Date of Hearing: 29 July 2008

JUDGMENT
(Ex Tempore)

This is another most unfortunate situation arising out of the election for the BTC next Friday – in less than 72 hours.

The four plaintiffs are gentlemen who submitted their nominations on or before the closing date on 30 June. The nominations were apparently accepted and their names appeared in a list of candidates for election for the various wards for which they had nominated.

Subject to further and less hurried argument it seems that the scheme of the Electoral Ordinance is this:

1. A date for the election is announced at least 35 days ahead. (.11(a)).
   
2. A date for the close of nominations is fixed not later than 28 days before the date for the election (S.11(b)).
   
3. Not later than 21 days before the date of the election a list of candidates etc. is to be published. (S.14(2)).
   

The scheme of the Ordinance seems to be to allow the Electoral Officer seven days to check the validity of the nomination of each candidate.

On this occasion, according to Mr Tofinga’s affidavit sworn today, the names of the four plaintiffs were removed from lists of candidates on dates well after the seven days contemplated by S.14(2) had expired. They now complain of their names being removed after publication of the first list on which their names are shewn as candidates.

The plaintiffs have waited until this late time to come to the Court for redress. Counsel have told me they have been negotiating with the authorities in the hope of solving the situation. These negotiations have led nowhere.

Because of the lateness of these proceedings it is not now possible for the Court in time to come to a firm and confident decision on the matter.

The election will have to proceed on Friday without these gentlemen as candidates. This action should proceed as quickly as possible to a full hearing after the pleadings have closed. What the result will be in relation to the election on Friday remains to be seen.

THE HON ROBIN MILLHOUSE QC
Chief Justice