HIGH COURT OF THE SOUTH PACIFIC
2003.SO1
A SUMMARY ORDER ISSUED IN RELATION TO THE CASE ON
A QUESTION ON THE LEGALITY OF CLOSED LOCAL COUNCIL ELECTIONS
[SUBMISSION 05 AUGUST 2020 | JUSTICIABILITY 06 AUGUST 2020 | SUMMARY ORDER 07 AUGUST 2020]

JUSTICE NAT DELIVERED THE ORDER, SIGNED ALSO BY CHIEF JUSTICE KRINGLE

Part I: Background and Consideration

An election for the Local Council is currently ongoing. The poll only permits native WA nations to vote. There is a question before the Court as to whether or not this is legal. As such, there is a reasonable possibility that the Court will find that some people were deprived of their lawful right to vote.

The Judicial Act (9.1) permits the Court to issue a temporary injunction if it is 'in the interest of public peace and order.' Ensuring that elections comply with the law is very much in the interest of public order. As such, the results of the election should not be certified until it is determined whether it complies with the law.
 
Part II: Temporary Injunction

The Election Commissioner is hereby ordered to not certify the results of the ongoing Local Council elections. This injunction remains in force for until a ruling is delivered (or no longer than one week), but may be extended in accordance with the Judicial Act.

Part III: Expedited Treatment

The Court has determined to expedite this case within the meaning of the Standards for Case Management. As such, briefs amicus curiae may only be submitted within 72 hours of this notice being posted.