Chief Secretary Ivan Pomaleu, OBE has issued a formal clarification in response to recent public commentary and speculation regarding the possible appointment of a non‑citizen as Electoral Commissioner.
Mr Pomaleu emphasised that the Government is unwavering in its commitment to uphold the Constitution and laws of Papua New Guinea in all appointments to constitutional offices. He stated that such decisions are not matters of political preference but are guided strictly by the legal framework established by Parliament and interpreted through independent legal advice.
The Chief Secretary further clarified that the appointment process is governed by Section 126(7) of the Constitution and Part II of the Organic Law on National and Local‑level Government Elections. The appointment is made by the Head of State, acting on the advice of the Electoral Commission Appointments Committee — a process designed to safeguard the independence of the office.
He noted that contrary to claims circulating in public discourse, neither the Constitution nor the Organic Law requires the Electoral Commissioner to be a Papua New Guinea citizen. While the Organic Law sets out qualifications, term of office, disqualifications, and restrictions, it contains no provision limiting eligibility on the basis of citizenship. Where Parliament has intended citizenship to be mandatory for public office, it has expressly legislated for such a requirement. No such requirement exists for this office.
Mr Pomaleu further explained that should a non‑citizen be appointed, the appointment would occur within the law and under the Public Employment (Non‑Citizens) Act. This Act requires the State to enter into a lawful contract of employment consistent with the Organic Law and determinations of the Salaries and Remuneration Commission applicable to constitutional office holders.
He stressed that any appointment would continue to be assessed on merit, competence, integrity, independence, and the ability to discharge constitutional responsibilities in the national interest. “Papua New Guineans rightly expect elections to be conducted with impartiality, transparency, and professionalism. These expectations are shared by Government, and every decision relating to the Electoral Commission will continue to be guided by the Constitution, the rule of law, and the long‑term integrity of our democratic institutions,” Mr Pomaleu said.
The Chief Secretary acknowledged that public discussion and scrutiny are vital elements of democracy but urged that such discussions be informed by law rather than speculation. He reaffirmed that the Government remains steadfast in protecting the integrity, independence, and credibility of Papua New Guinea’s electoral system and ensuring that every constitutional appointment is made lawfully, transparently, and in the best interests of the nation.







