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High Court of the South Pacific

August 20th, 2020
 

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Justice Griffindor delivered the order, signed also by Justice Belschaft

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On August 6th, 2020, the High Court of the South Pacific issued an injunction that placed the Local Council elections on hold, pending the release of HCLQ2003: Legality of Closed Local Council Elections. On August 12th, 2020, the High Court released its opinion for HCLQ2003, and as of today (August 20th, 2020), the election results have not yet been certified. Following the appeal of HCLQ2003, it would appear that the certification of the Local Council election results is to be delayed further.

The Court seeks to remedy this long delay in results, and hereby issues a new injunction related to this matter. The Court hereby orders that the Election Commission certify the results of the Local Council election and declare interim winners, who shall hold office until such time as this appeal is concluded, so that the region is not unnecessarily stalled, waiting for the Court to publish the results of the appeal. The Court believes that the temporary disenfranchisement of some non-WA members, though unacceptable, is needed to avoid the complete disenfranchisement of the whole population of the region for an unfair delay of their lawful right to elect members of the Local Council. 

With the injunction coming into immediate effect, the Court will process the appeal as a standard case. The Court also encourages the Assembly and Local Council to continue debate on the numerous proposals and act as if HCLQ2003 is still in full effect.
 

It is so ordered.