Government to make known Emergency orders under SOE

The orders to be implemented under the 14 days’ state of emergency [SOE] in the nation’s capital will be made known by the SOE Controller Donald Yamasombi this afternoon.

This afternoon, acting police commissioner Yamasombi and Prime Minister James Marape are scheduled to hold a joint media conference in Port Moresby.     

In line with Section 232, subsection 1 of the Constitution which states that; “an emergency law may make provision for the giving of orders, not inconsistent with the emergency law, by persons authorized to do so by or under the law. The National Executive Council implemented one of the recommendations from National Security Advisory Council, to restore normalcy to the country’s capital city, following mass looting and burning of business houses on Wednesday.  

Late on Thursday afternoon, following approval by the cabinet, the prime minister announced the National Executive Council [NEC] decision.

“This SOE, invoked under Section 226 of the Constitution, aims to ensure the safety and security of the National Capital District and address the underlying issues that led to the recent disturbances,” PM Marape said.

But section 228 of the Constitution clearly states that;

“(1) If the National Executive Council is of the opinion that an emergency exists or is about to come into being such that it is necessary that the powers conferred by the succeeding provisions of this Part be available, the Head of State, acting with, and in accordance with, the advice of the National Executive Council, may publicly declare the existence of a national emergency in relation to the whole or part of the country.

“(2) Unless it is impracticable to do so, a declaration under Subsection (1) shall be made in relation to a part of the country only after prior consultation with the Emergency Committee.”

Meanwhile, Section 239 of the Constitution gives effect to the National Executive Council power to declare a SOE for two weeks when Parliament is not in session.  

“Unless the Parliament is in session at the commencement of a period of declared national emergency, it shall be called to meet as soon as practicable, and in any event not more than 15 days, after the commencement of the period and thereafter during the period at intervals each not exceeding two months.”