National Court upholds PNGEC directive in Dei by-election

The National Court has refused an application seeking to stop a directive by Acting Electoral Commissioner Margaret Vagi to set aside two ballot boxes from counting in the Dei Open by-election.

The application was filed by plaintiff Desmond Kipa following a directive issued by the PNG Electoral Commission [PNGEC] on February 4, 2026.

In its decision, the National Court ruled that the electoral process was already under way and that PNGEC has full authority to manage the conduct of the election. The court noted that any grievance raised by the applicant could be dealt with after the declaration of the results through an election petition.

Presiding Judge Justice Joseph Yagi said the grievance raised by Mr Kipa was not a matter to be determined at this stage of the counting process.

Mr Kipa had argued that the directive by Acting Electoral Commissioner Margaret Vagi was unlawful and breached Section 153A of the Organic Law on National and Local-Level Government Elections [OLNLLGE] and Section 90 of the Electoral [National Elections] Regulations 2007. However, the court upheld the independent powers of the PNG Electoral Commission in overseeing electoral processes.

Despite the ruling not being in his favour, Mr Kipa welcomed the court’s decision.

Following the ruling, counting in the Dei Open by-election is expected to continue.