The National Seal

What is a national seal and its significance?

A national seal is an official symbol used by a country to authenticate government documents, official acts, and important state documents. It is typically a metal stamp or an imprinted design that is embossed or impressed onto official documents, such as legislation, treaties, passports, or currency. The significance of a national seal to a country is multi-fold:

1. Authenticity and Authority: The national seal is used to verify the authenticity and genuineness of official documents and acts of the government. It gives credibility and legal authority to important papers, making them official and binding.
2. Sovereignty and Statehood: The national seal represents the sovereignty, independence, and statehood of a country. It is a visual symbol that denotes the country’s existence as a separate and distinct entity.
3. National Identity and Pride: The design and elements included in the national seal often reflect the unique history, culture, traditions, and values of the country. It serves as a visual representation of national identity and heritage, fostering a sense of pride and unity among its citizens.
4. Legal and Constitutional Significance: In many countries, the national seal holds constitutional importance. It may be required for the validity and enforceability of certain legal documents, acts, or declarations.
5. Diplomatic and International Recognition: The national seal is often used in official correspondence, agreements, and treaties with other countries. Its presence signifies the authority and recognition of the country in the international community.

The National Seal

The National Seal (seal) is one of the national symbols of Papua New Guinea. Section 3 of the Constitution list out the national symbols as follows:

1. Flag
2. Emblem
3. Motto
4. Seal
5. Anthem

The National Seal Act 1975 implements section 3 of the Constitution. It states that there shall be a National Seal of Papua New Guinea. The seal shall be kept by the Head of State. He shall use it or direct the use of it in accordance with the advice of the National Executive Council. The seal:

1. shall be used for sealing all things that must be or customarily are done under a Great or Public Seal.
2. may be used for evidencing any act or decision of the National Executive.

Judicial notice of the National Seal

All courts and persons acting judicially shall take judicial notice of the impression of the National Seal. They must presume that it was properly impressed. “Taking judicial notice” refers to a legal doctrine that allows a court to accept certain facts as true without requiring formal proof or evidence from the parties involved in a case. In simpler terms, it is when a judge recognizes and acknowledges a fact or information without the need for it to be proven or substantiated by the parties.

The concept of judicial notice is based on the principle that certain facts are so well-known or easily verifiable that it would be unnecessary and burdensome to require formal proof. These facts are typically common knowledge, matters of public record, or can be easily verified through reliable sources. The court may take judicial notice in two ways:

1. Mandatory Judicial Notice: The court is required to take notice of certain facts that are indisputable and well-established. These facts include matters of law, statutes, regulations, court decisions, and historical events.
2. Discretionary Judicial Notice: The court has the discretion to take notice of facts that are not indisputable but are widely known or can be easily verified through reliable sources. This may include information about geography, climate, public holidays, or other commonly known facts.

When a court takes judicial notice of a fact, it means that the fact is considered true and will be treated as such in the legal proceedings. The parties do not need to present evidence or argue about the truth of the fact. However, it is important to note that judicial notice is subject to limitations. It cannot be used to establish contested or disputed facts, matters that require a determination of credibility, or facts that are not commonly known or easily verifiable. Additionally, parties still have the opportunity to challenge or present evidence to rebut the fact being judicially noticed if they believe it is incorrect or inapplicable to the case. In this case, the application of the National Seal falls under the first category.

Form of the Seal

The seal shall:

1. be circular in shape; and
2. contain a stylized version of the National Emblem in the centre and the words “National Seal of Papua New Guinea” around the circumference.

Saving of other seals

The National Seal Act 1975 does not prevent the use by the Head of State, the National Executive Council or any State department, agency or instrumentality of any seal or stamp other than the seal, or of a facsimile of the seal.

In summary, the national seal is a symbol of authenticity, sovereignty, national identity, and legal authority. Its presence on official documents gives them formal recognition, while its design represents the unique characteristics of the country of Papua New Guinea and its citizens.

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