The Ombudsman Commission has referred the Member for Abau Open and Minister for Bougainville Affairs, Hon. Sir Dr. Puka Temu KBE CMG MP, to the Public Prosecutor for alleged misconduct in office.
The Commission investigated the alleged misconduct in office by Hon. Sir Dr. Puka Temu, which arose from his failure in upholding his duties and responsibilities of office as required under Section 27 of the Constitution and the Organic Law on the Duties and Responsibilities of Leadership.
As required by Section 20(2) of the Organic Law on the Duties and Responsibilities of Leadership, the Commission notified the Leader, by a letter dated 25 September 2020 of its intention to refer the matter to Public Prosecutor.
After being satisfied, for the purposes of Section 29(1) of the Constitution and Sections 17( d), 20(4) and 27(1) of the Organic Law on the Duties and Responsibilities of Leadership that there is a prima facie case that Hon. Sir Dr. Puka Temu KBE CMG MP, has been guilty of misconduct in office, the Commission decided to refer him to the Public Prosecutor for his independent deliberation under Section 177(1) (b) of the Constitution.
The referral is in the hands of the Public Prosecutor who has the discretion to bring or decline to bring proceedings under the Leadership Code for alleged misconduct in office in accordance with Section 177(1) (b) of the Constitution.
I have a question. When a Leadship Tribunal of a referred MP is not completed at the time Writs of a National General Election is issued, is the MP eligible to contest the elections?
Thank you for the question raised.
As long as a person holds a public office, the person is subject to the Ombudsman Commission Jurisdiction, hence, to answer your question, if the Leadership Tribunal enquiry goes into the time when the Writ is Issued, he will still be a Leader and enquiry will still continue until he losses office.