Question 1

PRELIMINARY

Accepted Answer

1. Establishment;

(1) The PEOPLE'S PARTY is hereby established and shall be governed by the provisions of the Organic Law and this constitution.

(2) This Constitution is made pursuant to Section 31(1) of the Organic Law and shall bind all Party members.
2. Interpretation;

In this Constitution, except in so far as the subject matter o the context otherwise indicates or requires-

“Financial Return”;
(a) in the case of the party – a financial return under section 79 of the Organic law; and

(b) in the case of a candidate – a financial return under section 80 of the Organic law;

“Party Council “;
means the council establish under Section 23;

“Party Executive “;
means the executive arm of the party established under Section 7;

“By-law “;
means a rule adopted by the national convention by way of resolution in so far as this constitution authorizes;

“General Election”;
means a general election to the Parliament held in accordance with Section 105 (general elections) of the National Constitution;

“Member “;
means a person who has met all requirements and has been properly admitted to the Party, and party member has a corresponding meaning;

“National Convention “;
means the assembly of the designated members of the party held on periodic basis as required by this constitution and the Organic Law.

“Parliamentary Leader “;
means a member of the party in Parliament who has been democratically elected by members of the parliamentary wing to be the leader;

“Parliamentary Member “;
means a Member of Parliament who is a member of the party;

“Party Authority “;
means a body established and listed under Section 19 of this constitution as an authority of the party;

“President “;
means the duly elected president of the party or his nominee;

“Secretary“;
means a public officer under Section 27 of the Organic Law;

“Regions”;
for the purposes of this Law refers to the following regions, commonly known as the:-

(a) Southern region, which includes, the provinces of Northern, Milne Bay, Central, Gulf and Western; and

(b) Highlands region, which includes the provinces of Eastern Highlands, Chimbu, Western Highlands, Southern Highlands, Enga, Jiwaka and Hela; and

(c) Momase region, which includes the provinces of Morobe, Madang, East Sepik and West Sepik; and

(d) New Guinea Islands region, which includes the provinces of East New Britain, West New Britain, New Ireland, Manus and the Autonomous Region of Bougainville;

“Register”;
means the Register of Political Parties established by Section 39 of the Organic Law;

“Registrar”;
means the Registrar of Political Parties appointed under Section 17 of the Organic Law;

“Registry”;
means the Registry established by Section 14 of the Organic Law;

“Registered Political Party”
means a political party registered under Section 37 of deemed to be registered under Section 29(3) of the Organic Law;

“this constitution’. 
means the constitution of the PEOPLES PARTY and may include the by-laws made pursuant thereto.
3. Legal status

The People's Party -

(a) is a body corporate; and

(b) has perpetual succession; and

(c) shall have a common seal; and

(d) is capable by that name of–

(i) suing and being sued; and

(ii) taking, purchasing and holding property; and

(iii) granting, selling, alienating, assigning and demising property; and

(iv) entering into contracts; and

(iv) doing all other matters and things incidental or appertaining to a body corporate.

4. Custody and use of the seal.

(1) The common seal of the People's Party shall be kept in such custody as the National President determines.

(2) The common seal shall not be affixed to any instrument except by the authority of the People's Party National Executive and the affixing of the common seal shall be attested by the signature of the National President or his nominee.

(3) The common seal of the People's Party shall:-

(a) bear the name of the People's Party in full; and

(b) state that it is the common seal; and

(c) be in a form, size and shape as approved by the People's Party Council.

5. Objects of the Political Party.

(1) The objects of the People's Party are:-

(a) to advance the objectives of the party both within and outside existing political structures in Papua New Guinea; and

(b) to advance the fundamental values and principles of democracy and the underlying Christian doctrines; and

(c) to develop and maintain an appropriate and effective membership support base, registration and data maintenance; and

(d) to secure funding and engage in other activities for the furtherance of its objectives; and

(e) to identify suitable candidates from among its members to stand for public office; and

(f) to provide and facilitate education, training and awareness programs for its                            members including potential members; and

(g) to promote and safe guard the rights of its members including the rights and interests of women and youth and other minority groups in Papua New
Guinea; and

(h) to facilitate the realisation of the National Goals and Directive Principles of the National Constitution; and

(i) to promote and ensure transparent and accountable administration and reporting mechanism in compliance with the provisions of the Organic Law and any other relevant laws.
6. Underlying principles.

To achieve the Peoples Party objectives, all persons exercising functions, powers, and duties under this Constitution shall recognise and take into account the following principles:-

(a) Political parties must effectively and meaningfully participate in the development process of social economic, and political affairs of nation building; and

(b) Political parties must encourage fair and effective representation and freedom of information;

(c) That decisions are best taken at the most local practical level to allow maximum public participation; and

(d) That free and rational debate is the means of reaching decisions; and

(e) Political Parties must provide a conducive political environment for socio economic development of the country; and

(f) Political stability is a subject matter of public interest and welfare; and

(g) That wealth and power must be fairly distributed and ensuring citizen’s accessibility to           food, clothing, shelter, education, health care and the protection of the law; and

(h) Political parties must be developed and nurtured in order sustain and enhance the principles and values of the constitutional system of government thus contributing to maintaining the unity of Papua New Guinea.

Question 2

DIVISION 1:THE PARTY EXECUTIVE

Accepted Answer

7. Establishment of the Party Executive.
The ‘Party Executive’ is hereby established and shall be the executive arm of the Party.
8. Composition of the Party Executive.
(1) The Peoples Party National Executive shall consist of –

(a) a National President; and
(b) a National Vice President; and
(c) a National General Secretary; and
(d) a National Treasurer; and
(e) a Parliamentary Leader

(2) All National Executive posts shall be elective posts and members shall be voted in an open election by the existing financial members during the National Convention after serving two terms in office. The election of the National Executives is done after a National Elections and not before any National Elections.

(3) In the event of a vacancy, the Party Council shall appoint a member (acting appointment) to fill the vacancy and that appointee shall hold office until such a time when a candidate to fill that vacancy has been elected at a National Convention.

9. General functions of The Peoples Party National Executive

(1) The Peoples Party National Executive shall perform the following functions -

(a) to perform the role of a secretariat within the Party Council and the National Convention; and

(b) to organise and conduct meetings, seminars, workshops, conferences and training for the party members; and

(c) to provide secretarial and other support to the Parliamentary Caucus; and

(d) to ensure compliance with the provisions of the Organic Law; and

(e) to maintain regular dialogue and consultation with the Registry of Political Parties; and

(f) maintain regular dialogue and consultation with Party authorities and other bodies; and

(g) prepare documents including correspondences, reports, agenda items, etc. for the Party; and

(h) represent the Party in meetings, conferences or forums whether political or otherwise both within in Papua New Guinea and overseas; and

(i) issue public statement whether in the form of print media or otherwise, for and on  behalf of the party; and to appoint a registered auditor to assess and audit the financial affairs of the Party; and

(j) to manage the day to day the affairs of the Party; and

(k) to submit the Party annual work plan as approved by the Party Council to the Office of the Registrar before the end of January each year; and

(l) control real and personal property owned by the party; and

(m) raise or borrow money at interest by way of mortgage or pledge, including alienating or disposing its real or personal property including money; and

(n) to promote, facilitate and advance the interest of the Party.

(2) The Peoples Party National Executives shall, in addition to the powers and functions specified in the constitution or in the By-laws, may do other things necessary to be done in connection with the exercise of its powers and performance of its functions under the Organic Law and this constitution.

10. Duties and responsibilities
10.1 President

The National President is the Chief Executive Officer of the People's Party and shall have the following powers and functions:-

(a) to preside over the meetings of the National Convention, Council, and the Party Executives; and

(b) ex-officio member of a body or Committee establish under this Constitution; and

(c) manage the day today affairs of the People's Party National Executive; and

(d) be responsible for the orderly and effective operation of Party organisation; and

(e) ensure compliance and enforcement of the provisions of this Constitution and the By Laws; and

(f) perform and exercise such other powers and functions as may be determined by the Council.

10.2 Vice President

The National Vice President is the deputy Chief Executive Officer of the Party and shall have the following powers and functions:-

(a) to deputise and discharge responsibilities of the National President in his absence; and

(b) to chair a meeting where an agenda regarding the election of National President is to be dealt with; and

(c) to carry out any other functions and responsibilities as may be determined from time to time by the People's Party National Executive.

10.3 Secretary and Public Officer.

The National General Secretary shall be the Public Officer for purposes of Section 28 of the Organic Law and shall exercise the following powers and functions:-

(a) lodging an application for the Party registration or amendment thereto; and

(b) preparing and lodging financial returns with the Office of the Registrar; and

(c) receiving responding to notifications from the Registrar and the Commission; and

(d) record and keep minutes of meetings including meetings of the Executive, the Council and the National Convention; and

(e) provide secretarial support to the Parliamentary Caucus; and

(f) ensure timely submission of Party documents required by the Organic Law to the Registry of Political Parties and Candidates Commission; and

(g) perform such other functions as are specified in the Organic Law or under this Constitution.

10.4 Treasurer.

(1) The National Treasurer shall have the following powers and functions: -

(a) to take charge and control of all the financial affairs and activities of the Party; and

(b) to keep proper and accurate records of revenues and expenditures; and

(c) to keep proper bank accounts and any such documents relating to investments and financial contributions; and

(d) to prepare all accurate information for inclusion in the required reports and returns as required by the Organic Law; and

(e) to ensure that a proper and affordable budget is prepared and submitted to the party Council for its consideration; and

(f) to nominate names of qualified and registered auditors for Party Council’s approval for appointment to be the auditor for the Party; and

(g) to apply for funding under Section 73 or 74 of the Organic Law; and

(h) to carry out any function and discharge any other responsibilities as may be determined from time to time by the Party Council or the Party Executive. 
11. Term of Office.

(1) A member of the Party Executive shall –

(a) be elected and removed by a majority vote of the financial members at the National Convention; and

(b) be elected for a period of ten (10) years, and eligible for re-election.

(c) be elected after competition of a National Election,

Question 3

DIVISION 2: NOMINATION, ELECTION OF A PARTY EXECUTIVE MEMBER

Accepted Answer

12. Nomination and election of a Party Executive member

(1) Where, in relation to a nomination for the position of a: -

(a) a National President; or
(b) a National Vice President; or
(c) a National General Secretary; or
(d) a National Treasurer,

a member shall not be eligible for nomination if he is-

(i) a public office holder, including a public servant; or

(ii) an employee or member of the governing body of a public body including a superannuation fund or corporation in which the State or a public body has equity interest; or

(iii) a student attending a secondary or tertiary institution; or

(iv) a member of a provincial government; or (v) a Ward Councillor; or

(vi) an electoral staff of a Member of Parliament; or

(vii) a financial member for less than two (2) consecutive years of the People's Party.

(2) Nomination of a candidate for a position of a People's Party National Executive shall:-

(a) be made in writing, signed by two (2) financial members and accompanied by the written consent of the candidate (which may be endorsed on the nomination form); and

(b) be delivered to the National General Secretary of the People's Party not less than thirty (30) days before the date fixed for the holding of the National Convention at which the election of a People's Party National Executive is to take place;

(c) not valid if that candidate has been nominated for election to another Party                            Executive office at the same election.

(3) An election to elect a new People's Party National Executive member shall:-

(a) be conducted at the National Convention to be held after the competition of a  National Elections; and

(b) be conducted by a secret ballot based on the Limited Preferential Voting (LPV) system.

Question 4

DIVISION 3: VACATION, RESIGNATION FROM PEOPLE'S PARTY NATIONAL EXECUTIVE POSITION

Accepted Answer

13. Vacation of, and resignation from executive post.

(1) There shall be a vacancy where a Party Executive
member:-

(a) becomes permanently incapable of performing his
duties; or

(b) ceases to be a financial member of the Party; or

(c) is absent, except with the written consent of the National President, from three (3) consecutive meetings of the People's Party National Executive; or

(d) becomes bankrupt or applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with his creditors or makes an                              assignment of his remuneration for their benefit; or

(e) is convicted of an offence punishable under a law by imprisonment for six(6) months or longer or by death, and as a result of the conviction is sentenced to                       imprisonment or death; or

(f) resigns his office by writing under his hand addressed to the National President or in the case of the President, the National Vice President.

(2) Where one or more grounds listed in Paragraph 12(a) – (e) exist/s or where due to reasons of inefficiency, incapacity or misbehavior, the President may, by written notice specifying the grounds, advise a member of the People's Party National Executive that he intends to terminate his membership as a member of the People's Party National Executive.

(3) Within 14 days of the receipt of the notice under paragraph (2), the member may reply in writing to the National President, who shall consider the reply and as soon as is practicable deliver a written notice of his decision to the Peoples Party National Council for its decision.

(4) Where the member referred to in Paragraph 12(2) does not, within 14 days of the receipt of a notice, reply in writing to the National President, he is deemed terminated.
14. Resignation.

(1) A member of the People's Party National Executive may resign from his office by delivering a signed notice of his resignation, to the National General Secretary, who shall then forward the notice of resignation to the National President.

(2) A member resigning under subsection (2) shall cease to hold office immediately after the National President has received and accepted the resignation, and has notified the member of the acceptance.

(3) Where a National President wishes to resign from office, he may notify in writing to the National General Secretary who shall in turn inform the Office of the Registry of Political Parties of the vacancy.

15. Vacancy not to affect powers and functions.

The exercise or performance of a power or function of the People's Party National Executive is not invalidated by reason only of a vacancy in its membership.

16. Meeting of the Party Executive

(1) The People's Party National Executive shall meet at least once in every period of three (3) months or otherwise as often as the business of the party requires or as the President directs.

(2) The National President shall, where requested to do so by not less than three (3) members of the People's Party National Executive, call a meeting of the People's Party National Executive as soon as practicable after receiving the request.

(3) At a meeting:–

(a) the National President and two other members of the Executive constitutes a quorum; and

(b) the National President shall preside; and

(c) matters arising shall be decided by a majority of the votes of the members of the members present and voting; and

(d) the National President has a deliberative vote, and in the event of an equality of votes on a matter, also a casting vote.

(4) The National General Secretary shall cause minutes of its meetings to be recorded and a copy of the meetings shall be furnished to the Office of the Registrar of Political Parties.

(5) The procedures of the meeting of the People's Party National Executive shall be determined by it. 
17. Adjournment

(1) The chairperson of a meeting at which a quorum is present may, with the consent of the majority of members present at the meeting, adjourn the meeting from time to time and place to place, but no business shall be transacted at an adjourned meeting other than the business left unfinished at the meeting at which the adjournment took place.

(2) Where a general meeting is adjourned for fourteen (14) days or more, the National General Secretary shall give written or oral notice of the adjourned meeting to each member of the People's Party stating the place, date and time of the meeting and the nature of the business to be transacted at the meeting.

(3) This provision shall apply mutatis mutandis to the meeting of the People's Party National Council and other bodies established under this Constitution.

Question 5

DIVISION 4: MEETINGS, QUORUM, ADJOURNMENT, ETC.

Accepted Answer

16. Meeting of the Party Executive

(1) The People's Party National Executive shall meet at least once in every period of three (3) months or otherwise as often as the business of the party requires or as the President directs.

(2) The National President shall, where requested to do so by not less than three (3) members of the People's Party National Executive, call a meeting of the People's Party National Executive as soon as practicable after receiving the request.

(3) At a meeting:–

(a) the National President and two other members of the Executive constitutes a quorum; and

(b) the National President shall preside; and

(c) matters arising shall be decided by a majority of the votes of the members of the members present and voting; and

(d) the National President has a deliberative vote, and in the event of an equality of votes on a matter, also a casting vote.

(4) The National General Secretary shall cause minutes of its meetings to be recorded and a copy of the meetings shall be furnished to the Office of the Registrar of Political Parties.

(5) The procedures of the meeting of the People's Party National Executive shall be determined by it. 
17. Adjournment

(1) The chairperson of a meeting at which a quorum is present may, with the consent of the majority of members present at the meeting, adjourn the meeting from time to time and place to place, but no business shall be transacted at an adjourned meeting other than the business left unfinished at the meeting at which the adjournment took place.

(2) Where a general meeting is adjourned for fourteen (14) days or more, the National General Secretary shall give written or oral notice of the adjourned meeting to each member of the People's Party stating the place, date and time of the meeting and the nature of the business to be transacted at the meeting.

(3) This provision shall apply mutatis mutandis to the meeting of the People's Party National Council and other bodies established under this Cons

Question 6

DIVISION 5: VOTE OF NO-CONFIDENCE AGAINST A PARTY EXECUTIVE

Accepted Answer

18. Vote of no-confidence

(1) The Peoples Party National Executive or any of its members may be voted out of office by a vote of no-confidence, where –

(a) in the case of the Peoples Party National Executive, it –

(i) is seen to be lacking in its performance and in effective in handling the affairs of the party; or

(ii) has been found to have misappropriated the funds of the party; or

(iii) failed to comply with the provisions of the Organic Law of this Constitution or the by-laws, or

(b) in the case of an individual Peoples Party National Executive member, it –

(i) is seen to be lacking in his performance and ineffective at his tasks; or

ii) has been found to have misappropriated the funds of the party; or

(iii) has failed to fully discharge his duties and responsibilities.

(2) The National Convention may establish the guidelines and procedures for a vote of no confidence.

Question 7

DIVISION 1. AUTHORITIES OF THE PARTY

Accepted Answer

19. Authorities of the Party

(1) The Authorities of the People's Party shall consist of –

(a) the National Convention; and

(b) the Party Council; and

(c) the National Executives; and

(d) Parliamentary Wing; and

(e) Provincial and Electoral Branch; and

(f) such other committees or bodies as may be established by this constitution or by-law to be an authority of the People's Party.

(2) Members of the Authorities shall be citizens and shall be elected according to this Constitution and the Organic Law.

Question 8

DIVISION 2. THE NATIONAL CONVENTION.

Accepted Answer

20. The National Convention

(1) There shall be a National Convention to be held not less two (2) times in every period of four (4) years and or otherwise as often as the business of the party requires or as the People's Party National Council directs and may be attended by all the existing financial members, subject to payment of a registration fee to cover administration and venue costs.

(2) Notwithstanding the generality of the foregoing paragraph, the People's Party shall hold two National Conventions -

(a) the first of which shall be held no later than nine (9) months prior to the issue of writs; and

(b) the second of which shall be held within three (3) months after the return of writs.

(3) The National Convention shall be a forum for the People's Party and its members to -

(a) deliberate on and make decisions on issues or matters brought before it, by way of resolution, by the People's Party National Council including but not limited to matters or issues relating to –

(i) the performance of the party in recent elections and related issues; and

(ii) internal organisation, structure and administration of the party; and

(iii) adoption, endorsement, amendment or approval of by-laws, policies, rules and guidelines, plans or program of action; and

(iv) setting up of Regional, Provincial and Electoral branches and other bodies or committees of the Peoples Party; and

(v) the financial affairs of the Peoples Party; and

(b) elect a new Peoples Party National Executive member; and

(c) approval and endorsement of party candidates to contest a national election and that such endorsement shall take place no less than within nine (9) months prior to the issue of writs.

(4) The procedures of the National Convention shall be determined by it.
21. Notice, agenda, quorum, etc.

(1) The National General Secretary shall give party members at least thirty (30) days clear notice (specifying inter alia, the dates and venue) of the holding of the National Convention.

(2) Agenda items included for consideration must be received by the National General Secretary not less than sixty (60) days in advance of the proposed date of the Convention and that all agenda items so received must be distributed to the financial members through the authorities not less than thirty (30) days prior to the date fixed for the National Convention to be held.

(3) At the National Convention, the National President and one third of the total number of financial members present shall constitute a quorum.

22. Proceedings of the National Convention.

(1) At a National Convention –
(a) the National President shall preside; and

(b) matters arising shall be decided by a majority of the votes of the members present and voting; and

(c) the National President has a deliberative vote, and in the event of an equality of votes on a matter, also a casting vote.

(2) The National General Secretary shall cause minutes of its meetings to be recorded and a copy of the meetings shall be furnished to the Office of the Registrar of Political Parties.

(3) The procedures of the meeting of the People's Party National Executive shall be determined by it.

(4) The resolutions and decisions adopted by the Convention are binding on the Party and all its members.

Question 9

DIVISION 3. THE PARTY COUNCIL

Accepted Answer

23. The Party Council

There is established a Peoples Party National Council which shall consist of -

(a) the Peoples Party National Executives; and
(b) the deputy Parliamentary Leader; and
(c) one representative each of the four (4) regional branch; and
(d) other members as approved by the National Convention from time to time.

24. Powers and functions.

(1) The Peoples Party National Council has the following powers and functions -

(a) ensure that the objectives of this Constitution is achieved; and

(b) implement, monitor and enforce, in so far as lies within its  powers, the party policy programs and plans; and

(c) co-ordinate regional, provincial and electoral party branches and other bodies and associations; and

(d) conduct and organise meetings, training activities and events for party members; and

(e) submit resolutions to the National Convention for its approval on matters requiring the approval or endorsement of the National Convention; and

(f) administer membership applications and admission; and

(g) administer and enforce party disciplinary procedures and processes including procedures and processes relating to resignation, cessation, dismissal and expulsion of a member; and

(h) engage consultants and experts from time to time as it considers necessary; and

(i) administer and deal with the financial affairs of the party based on the best and prudent financial management practices; and

(j) ensure compliance with the provisions of the Organic Law including provisions relating to audited annual financial reports and returns under Section 75 (1) and audited campaign and election financial reports and returns under Section 75 (2); and

(k) update and keep members informed of matters concerning the party; and

(l) publish names of candidates endorsed to contest the next national general election.

(2) The Council has in addition to the powers conferred on it by this Constitution, power to do all things necessary to be done in connection with the performance of its duties under  Constitution
25. Meetings, quorum, resolutions, etc.

(1) The Peoples Party National Council shall meet not less than three (3) times in every year.

(2) At a meeting of the Council –

(a) the Chairperson and two third of the membership shall constitute a quorum; and

(b) the Chairperson shall preside; and

(c) matters arising shall be decided by a majority of the votes of the members present and voting; and

(d) the Chairperson has a deliberative vote, and in the event of tie votes, shall vote.

(3) The procedures of the Peoples Party National Council shall be determined by it.

(4) The National General Secretary shall cause minutes of its meetings to be recorded and kept and a copy to be submitted  to the Office of the Registrar of Political Parties.

(5) The resolutions and decisions adopted by the People's Party National Council are binding on the members immediately,  save in so far as such resolutions or decisions require the approval of the National Convention.

(6) Where the Peoples Party National Council passes a resolution that requires the approval of the National Convention, the National General Secretary shall, as soon as practicable, include such resolutions in the agenda for consideration at the next meeting of the National Convention.
 
    (7) The People's Party National Council may delegate to its own members or to a member of the People's Party National Executive, at a meeting all or any of its powers and functions,  except this power of delegation

Question 10

DIVISION 4. PARLIAMENTARY WING.

Accepted Answer

26. The Parliamentary Wing

(1) There shall be Peoples Party Parliamentary Wing which shall consist of -

(a) the Parliamentary Leader; and
(b) the deputy Parliamentary Leader; and
(c) other members of the party declared elected to Parliament.

27. Powers and functions

The Parliamentary leader shall have the following powers and functions -

(a) to preside over the meetings of the Parliamentary wing; and

(b) to be the chairperson of a committee established pursuant to Section 33(2); and

(c) to manage the day today affairs of the Peoples Party wing and ensure that its members are kept informed of the operations and decisions of the party; and

(d) to liaise with the Peoples Party National Executive and the People's Party National Council on matters affecting the interest of its members; and

(e) to be responsible for the orderly and effective operation of the parliamentary wing; and

(f) to provide information and to regularly update its members of any decision reached by the People's Party National Executive and the People's Party National Council; and

(g) to implement and enforce decisions of the People's Party National Executive mutually reached by way of resolution and not to unreasonably interfere with the operation and management of the Party; and

(h) to carry such functions and discharge any other as may be determined from time to time by the People's Party National Executive or Council.  
28. Term of office.

The Parliamentary leader shall be elected and removed by a majority vote of the members at the National Convention for a period of four (10) years, and eligible for re-election.

29. Nomination, election., etc. of a Parliamentary leader.

(1) All elected members of Parliament who are People's Party members are eligible to contest the election of the office of a People's Party Parliamentary Leader.

(2) The Parliamentary leader and the Deputy Parliamentary leader shall be elected by majority vote of members of Parliament of the People's Party.

(3) Nomination and election for the People's Party Parliamentary leader and deputy Parliamentary leader shall be administered by the People's Party National Executives –

(a) where immediately after the National General election, within three (3) months after the return of writs; or

(b) where the incumbent Parliamentary leader ceases to hold the position due to or by operation of one or more of the grounds under Sections 13 or 14, at a meeting to be convened by People's Party National Executive for the Parliamentary wing.  
30. Meetings, quorum, decisions, resolutions, etc.

(1) The Parliamentary wing shall meet at least two (2) times in a calendar year or as and when business of the People's Party demands or as the People's Party National Council directs.

(2) At a meeting of the Parliamentary wing –

(a) the Parliamentary leader (as the Chairperson) and two third of the membership shall constitute a quorum; and

(b) the Parliamentary leader shall preside; and

(c) matters arising shall be decided by a majority of the votes of the members present and voting; and

(d) the Chairperson has a deliberative vote, and in the event of tie votes, shall vote.

(3) The procedures of the meeting shall be determined by it.

(4) The National General Secretary of shall cause minutes of its meetings to be recorded and kept.

(5) A resolution by the Parliamentary wing shall be submitted to the People's Party National Council for its approval or where the National Convention has the power of approval, for its endorsement to the National Convention for its decision.

Question 11

DIVISION 5. PROVINCIAL AND ELECTORAL BRANCH

Accepted Answer

31. Provincial and Electoral Branch

(1) There shall be a Peoples Party Provincial and Electoral branch.

(2) The People's Party By-Law shall, by way of resolution, make provisions for the composition, powers and functions of People's Party Provincial and Electoral branch.

Question 12

DIVISION 6. COMMITTEES

Accepted Answer

32. Committees

The Peoples Party shall have the following committees -

(a) the Women and youths committee; and

(b) the Disciplinary Committee; and

(c) the Appeals Committee; and

(d) the Membership recruitment and admission committee; and

(e) the Spiritual Committee, and

(f) any other committees the People's Party National Council deems necessary to carry out the objects of this Constitution. 
33. Membership of the Committee

(1) Except for chairperson, the membership of these committees shall be gender balanced.

(2) Each of the committees shall have five (5) members including the Chairperson, who shall be a member of the People's Party National Council.

(3) Members of each committee shall be appointed by the  Council at its meeting.

(4) Notwithstanding any provision to the contrary the Spiritual Committee shall have two (2) chaplains as ex-officio(s) appointed by the committee at its first meeting subject to Executive approval.

(5) The Peoples Party by-law shall, by way of resolution, make provisions for the powers and functions of each of the committee.

Question 13

PART 4: MEMBERSHIP

Accepted Answer

34. Membership

(1) Except otherwise provided, membership of the People's Party is open to all who supports its beliefs, aims and objectives.

(2) A Papua New Guinea citizen shall not be denied membership on the grounds only of religious or political belief, sex or place of origin,

(3) A person is not a member of a party unless all fees, dues or other payments due by him to the party in accordance with this constitution have been paid within the time and in the manner required by this constitution.

(4) A right, privilege or obligation which a person has by reason of being a member of the People's Party is not capable of being transferred or transmitted to another person or member, and terminates upon cessation of membership.

35. Classes of membership

(1) The People's Party may admit persons or corporations to the following classes of membership -

(a) Ordinary members, being the one who has satisfied all the requirements and has paid the prescribed membership fees, and has been accorded certain privileges in the initial formation of the Party;

(b) Foundation members, being the ordinary member who has been accorded certain privileges in the initial formation of the Party;

(c) Parliamentary members, being ordinary member who has been declared elected to Parliament; and

(d) Life members, the ordinary member who has contributed significantly to the affairs and activities of the Peoples Party and as such accorded certain privileges.

(2) Subject to this Constitution and the Organic law, a member may be eligible –
(a) to vote at the National Convention; and
(b) to stand for election for a vacancy in any of the party organisation or authority. 
36. Nomination and approval for membership

(1) A nomination of a person for membership of the Peoples Party shall be made in a prescribed form and shall be lodged with the National General Secretary of the People's Party.

(2) As soon as practicable after receiving a nomination, the secretary shall refer the to the People's Party National Council which shall determine whether to approve or to reject the nomination.

(3) Where the People's Party National Council decides to approve a nomination for membership, the National General Secretary shall, as soon as practicable after that determination, notify the nominee of that approval and request the nominee to pay within the period of one (1) month after receipt by the nominee of the notification the sum payable by a member as nomination fee and annual subscription.

(4) The National General Secretary shall, on payment by the nominee of the membership subscription fee within the period, enter the nominee's name in the register of members and upon the name being so entered, the nominee becomes a member of the People's Party.

37. Register of members

(1) The People's Party shall establish and maintain a register of its members specifying the name and address of each person who is a member.

(2) The register of members shall be kept at the principal place of administration of the People's Party and shall be open for inspection, free of charge, by any member of the People's Party at any reasonable hour.

(3) The membership register shall be reviewed and updated after every three(3) years and any changes shall be included.

38. Fees and subscriptions

(1) A member of the party shall, upon admission to membership, pay to the party a nomination fee to be determined by the Peoples Party National Council from time to time.

(2) In addition to the nomination fee, a member of the party shall pay to the party an annual membership fee and any other such fees as determined by the Council from time to time.

39. Rights and obligations of members

(1) All members of the party have the following rights which are to be respected and upheld by other members, and by all the authorities or bodies established under this Constitution -

(a) to be offered equal opportunities to participate in the activities of the party, and not to be excluded by the deliberate withholding of information or by other unfair means; and

(b) to attend and observe at party meeting (subject to the payment of the registration fee in meetings where such a fee is payable) unless that meeting specifically resolves that it is a closed meeting and states the reason why its business is  confidential; and

(c) to have such details about themselves as may be held by the party kept confidential and not disclosed to any other person without their permission; and

(d) to access information about the party and its activities, subject to payment of the reasonable costs of providing that information, but excluding membership lists and any other information which the part executives declares to be confidential; and

(e) to be eligible for nomination and endorsement for election to National, Provincial and local level government elections. 
40. Refusal or revocation of membership

(1) Membership of the Peoples Party may be refused by the enrolling body on any of the following grounds -

(a) active support for a person standing against a party candidate; or

(b) membership of a rival political party; or

(c) disagreement with party policy expressed in a way and to an extent, or personal conduct, that seriously throws doubt on the person's support for the beliefs, aims and objectives of the party as set out in this Constitution; or

(d) failure to comply with Government legislation relating to political parties and elections; or

(e) for any other reasons that the Councils so determines.

(2) Anyone whose membership is refused or revoked may appeal in writing to the National President who shall take reasonable steps to ascertain the full facts of the case and whose decision shall be final.

(3) A person whose membership has been refused or revoked may not apply for readmission until one year has passed.

41. Cessation of membership

(1) Where a member -

(a) dies; or

(b) resigns that membership; or

(c) is expelled from the Peoples Party on the following grounds -

(i) misuses political party funds; or
(ii) inciting and participating in public unrest; or
(iii) bringing disrepute to the party through unacceptable conduct; or
(iv) misusing and abusing the political party through dissemination of false and misleading information about the party; or
(v) initiates and promotes disunity within the party; or
(vi) voting against a party resolution (democracy within party).

(2) A member who fails to comply with the Organic Law or this Constitution relating to political parties and elections, automatically and immediately forfeit their membership of the Party.

(3) Where a Member of Parliament has been expelled on any of the above grounds his or her membership to the party ceases and the secretary shall inform the Registrar of the cessation of the membership of the Member of Parliament to the Peoples Party.

(4) Notwithstanding paragraph (3), the secretary shall not inform the Registrar of the cessation of the membership of the Member of Parliament to the Peoples Party until the expiry of the appeal period or pending the determination of the Appeal Committee.

42. Right of appeal

(1) A member has the right to appeal against the decision of the Council within seven (7) days after notice of the resolution is served on the member by lodging with the National General Secretary a notice to that effect.

(2) Upon receipt of a notice of appeal from a member, the National General Secretary shall notify the Appeals Committee which shall convene a meeting of the party to be held within twenty-one (21) days after the date on which the National General Secretary received the notice.

(3) At a meeting no business other than the question of the appeal shall be transacted and the appellant shall be given the opportunity to make representation orally or in writing or both.

(4) The members of the Appeals Committee present shall vote by secret ballot on the question of whether the decision should be confirmed or revoked and where a there is a special resolution in favor of the confirmation of the resolution, the resolution is confirmed.

Question 14

PART 5: INDEPENDENT CANDIDATES

Accepted Answer

43. Independent candidates

(1) An independent candidate who wins an election may join the party fourteen (14) days after the return of writs for that general election or by-election and he shall pay in full such fees including membership and annual subscription fees or any other fees that the party may determine.

(2) Where an independent candidate joins the party, he remains a member of the party during the tenure of his office unless he resigns or is expelled according to this constitution.

Question 15

PART 6: FINANCES, ACCOUNTS, AUDITS, RECORDS

Accepted Answer

44. Finances

(1) The People's Party National Council shall formulate and approve the annual budget, setting out revenues and expenditures for the twelve months 1st January – 31st December.

(2) The funds of the party shall be derived from nomination fees and annual subscriptions oF members, donations and, subject to any resolution passed by the People's Party National Council, such other sources as it determines.

(3) The funds of the party shall be used in pursuance and for the furtherance of its objects.

(4) All cheques, drafts, bills of exchange, promissory notes and other negotiable instruments shall be signed by any two (2) members of the People's Party National Executive.

45. Campaign and election finances

(1) Within three (3) months after the date fixed for the return of writs following a National General Election and every twelve (12) months thereafter, the National GeneraL Secretary shall lodge with the Registrar a financial return specifying –

(a) details of all contributions which that Peoples Party has received; and

(b) details of all other receipts and income of that Peoples Party; and

(c) details of all expenditure which that Peoples Party has incurred, during the period

(d) in the case of a financial return lodged following the return of writs in a general election – of 12 months preceding the date of return of the writs; and

(e) in the case of any other financial return – since the date of the end of the period
covered by the previous financial return.

(2) A financial return referred to in subparagraph (1) shall contain –

(a) in respect of each contribution –

(i) the full name and address of each contributor; and
(ii) the date of receipt of the contribution; and
(iii) where the contribution was made in cash – the amount;
(iv) where the contribution was not made in cash – and nature and value of the
contribution; and

(b) in respect of receipts and income –

(i) full details of the source and nature of the income or of the sum received; and
(ii) the date of receipt of the income or sum received; and
(c) in respect of each item of expenditure –
(i) the full name and address of each recipient of expenditure; and
(ii) the date on which the expenditure was made; and
(iii) the nature and value of the expenditure; and
(d) in respect of each item of expenditure on a candidate –
(i) the full name and address of the candidate; and
(ii) the name of the electorate for which he was a candidate; and
(iii) the date on which the expenditure was made; and
(iv) the nature and value of the expenditure.

(3) Where the Registrar requires the party to furnish further information for reasons, inter alia, financial return lodged with the Registrar under paragraph (1) –

(a) is not complete; or
(b) lacks detail or substance in any respect, the National General Secretary shall as soon as practicable comply with such instruction.

46. Banking

(1) All monies paid to the party shall be paid to the National Treasurer and deposited by him in the name of the People's Party Inc in such account and bank as the People's Party National Council determines.

(2) Except where approved by the People's Party National Executive, all disbursements shall be made by cheque drawn on the People's Party’s account.

(3) A cheque or other instruments drawn on the bank accounts of the party shall be -

(a) approved by the Peoples Party National Executives in an executive meeting; and
(b) signed by the National President and counter-signed by the National Treasurer or in the absence of one of then, by the National General Secretary or the Parliamentary leader.

(4) A cheque, letter of approval or other instrument pertaining to a disbursement, shall be deemed to be invalid is there is an absence of any of the two signatures as provided for in subparagraph (3) (b).

(5) In the event where an emergency arises whereby the circumstances render or make it impossible for the executives to hold a meeting to determine on a matter(s), the National President, shall, with his discretion, authorize, by way of his signature, any instrument(s) and such instruments shall be counter-signed any one of the executive members.

(6) Where such a situation in subparagraph (5) arises, the National President shall exercise that discretion over funds not exceeding the amount stipulated in the budget for such purposes.

47. Auditor

The Auditor shall be -
(a) People's Party auditor; or
(b) any other person(s) appointed by the People's Party National Council.

48. Powers of the auditor

(1) An auditor shall for the purpose of and in reference to an audit of the Peoples Party
account -

(a) be entitled to full and free access to all accounts, records, vouchers or documents and papers of the party relating directly to the receipt, custody or disposal of assets of the Party.
(b) interview and take statements from any member of the Peoples Party National Executive.

(2) The auditor shall immediately draw to the attention of the National President any irregularity(ies) revealed by the Audit.

(3) The auditor shall be entitled to attend and be heard if any meeting at which accounts have been examined or audited by him are presented or discussed.

49. Annual audit

(1) At the close of each financial year, the People's Party, shall, with the aid of the National Treasurer as provided for under paragraph … of this Constitution, prepare an annual report of its activities of the year, together with audited financial statements and submit it to the Registrar of Political Parties.

(2) Should the National Treasurer fails to produce an audited financial statement as provided for under subparagraph (1), it shall be subjected to a show cause notice to which he must respond to within the prescribed time (show cause period).

(3) Notwithstanding subsection 1, the People's Party National Executive shall prepare for the presentation to the Party Council, financial statements on a quarterly basis.

50. Custody of books, etc.

Except as otherwise, the National General Secretary shall keep in his custody or under his or her control, all records, books and other documents relating to the party.

51. Inspection of books, etc.

The records, books and other documents including any receipt, paper, bank statement, document or other record, or of information contained in any form including manual and electronic medium shall be open to inspection, free of charge, by the Registrar or his nominee.

Question 16

PART 6: NOMINATION AND ENDORSEMENT OF CANDIDATES

Accepted Answer

52. Nomination and endorsement

(1) A financial member, with the approval of the Peoples Party National Council, is eligible to be nominated and endorsed to contest in a National or Local Level Government election including a by-election.

(2) The Party –
(a) may endorse a candidate for an electorate at a National Convention to be held within nine (9) months prior to the issue of writs; and

(b) has the authority to decide whether the party stands candidates in specific electorates; and

(c) may withdraw endorsement at any time up to the election date; and? Open to abuse.

(d) shall not nominate, endorse, or nominate and endorse more than one candidate in any one electorate; or

(e) shall not nominate and endorse a candidate to contest an election in an electorate and also

(f) provides support to another candidate in the same electorate.

(g) Candidates sign a Memorandum Of Agreement with Peoples Party to abide by its laws;

(h) Out of the total number of candidates that the party may endorse to contest a national general election, ten (10) percent shall be women.

(3) A member of the Peoples Party National Executives wishing to contest election must submit his resignation and shall have his resignation approved for him to be eligible for endorsement under subparagraph (2).

(4) If that candidates wins the particular endorsed electorate he/she per MOA section 2 G of the Constitution;

(a) Remain a Member of the Peoples Party if he/she wins the National Elections/LLG Elections for a full five year term;

(b) If the Member decides to leave the Peoples Party should return all resources of the party;

(i) He/She is referred to the Registry of Political Parties and Candidates for
breaching the MOA, charges and referred to Ombudsman Commission for possible misconduct;

(ii) Pay fine and penalties to the party sect by the MOA,

(iii) Another political parties trying to lure Members of the Peoples Party should also be referred to the Registry of Political Parties for possible prosecution;

Question 17

PART 7: DISSOLUTION, AMALGAMATION, ETC.

Accepted Answer

53. Party dissolution

(1) The party may be dissolved where –

(a) it amalgamates with another political party in accordance with the Organic Law; or

(b) a resolution for the dissolution has been agreed to by –

(i) an absolute majority of the members of the party; and
(ii) at least 75% of the members of the party who are Members of the Parliament; and

(c) all liabilities of the party have been discharged.

(2) Where the party has been dissolved, the National General Secretary shall immediately –
(a) notify the Registrar of the dissolution; and (b) supply the Registrar with –
(i) particulars of the resolution; and
(ii) evidence of the discharge of the liabilities of the party.

(3) Any property or assets of the party remaining after discharge of all liabilities shall be paid into the Central Fund

54. Effect of dissolution

Where the registration is cancelled following dissolution of the party in accordance with this Division a member of the party who is a Member of the Parliament, at the date of dissolution, may –

(a) remain as an independent; or

(b) join a political party in existence immediately prior to the date of dissolution, but shall not, for a period of four years commencing on that date;

(c) form a new political party; or

(d) join a political party formed after that date of dissolution

Question 18

PART 8: MISCELLANEOUS.

Accepted Answer

55. Policy formulation

Policies shall be formulated with the maximum practicable participation of members, which may be legally conducted by electronic means, but shall finally be determined by the    People's Party Executive Officers.

56. By-laws

(1) The National Convention shall have power from time to time to make, alter and repeal such by-laws as they may deem necessary, appropriate or convenient for the proper conduct and management of the party and in particular, but not exclusively, in respect of the following matters -

(a) Membership recruitment and retention;

(b) Discipline of members including disciplinary processes and procedures;

(c) Advertising and media related matters;

(d) Setting up of committees and other bodies;

(e) Information database.

(2) The National Convention shall adopt such means as they deem sufficient to bring to the notice of the members of the party all such by-laws, amendments and repeals and all by-laws shall so long as they are in force be binding on all the members.

57. Alteration, amendments, etc., of the constitution

The objects and purposes of the party and the rules may be altered, rescinded or added to only by a special resolution of the National Convention.

58. Disputes resolution

(1) Where within the Peoples Party, there is a dispute arising between –

(a) two (2) or more bodies or authorities of the party; or

(b) members of the Peoples Party National Executive; or

(c) a People's Party National Executive and other body or bodies, and that the dispute has adversely affected the operation of the Party in satisfying the requirements of the Organic Law and this constitution, the Party shall resolve it internally within thirty (30) days and a report of the resolution shall be furnished to the office of the Registrar of political parties.

(2) Where the party cannot resolve the dispute within in a reasonable time, the dispute shall be referred to the Registrar whose decision shall be final.

59. Service of notices

(1) For the purposes of this constitution, a notice may be served by or on behalf of the party upon any member either personally or by post to a member at the member's address shown in the register of members.

(2) Where a document is sent to a member by properly addressing, prepaying and posting to the said member a letter containing a document, that document shall,  unless the contrary is proved, be deemed to have been served on that member at the time at which the letter would have been delivered in the ordinary course of post.

PEOPLE'S PARTY INC

Putting People First

COMMITTED TO POSITIVE CHANGE

REGISTERED UNDER THE ORGANIC LAW ON THE INTEGRITY OF POLITICAL PARTIES AND CANDIDATES 2006

CONSTITUTION OF THE PEOPLE'S PARTY

Adopted by the National Convention of THE PEOPLE'S PARTY,

This 5th day of November 2016

Highlands Lutheran International School

Wabag, Enga Province,
Papua New Guinea

Putting People First

COMMITTED TO POSITIVE CHANGE

REGISTERED UNDER THE ORGANIC LAW ON THE INTEGRITY OF POLITICAL PARTIES AND CANDIDATES 2006

CONSTITUTION OF THE PEOPLE'S PARTY

Adopted by the National Convention of THE PEOPLE'S PARTY, This 5th day of November 2016 Highlands Lutheran International School Wabag, Enga Province, Papua New Guinea

Adopted by the National Convention of THE PEOPLE'S PARTY,

This 5th day of November 2016

Highlands Lutheran International School

Wabag, Enga Province,
Papua New Guinea