VONC WILL CONTINUE REGARDLESS OF PROPOSED S145 AMENDMENT скачать в хорошем качестве

VONC WILL CONTINUE REGARDLESS OF PROPOSED S145 AMENDMENT

Approved for release – The Supreme Court Five-Men Bench comprising Chief Justice GibssSalika, Justice David Canning, Justice Derek Hartshorn, Justice Oagile Dingake, and Justice Ere Kariko handed down two important decisions pertaining to the section 18 Supreme Court Application for Parliament to be recalled to move a motion of no confidence in the Prime Minister that had Grand Chief Sir Peter Ipatas, MP, asthe alternative Prime Minister, and was stopped from proceeding to the notice paper on 27 November 2024. On Monday 4 March 2025, the Five-Men bench dismissed all six Objections to Competency raised by the interveners, the Attorney General, Hon. Pila Ninigi, and the Speaker, Hon. Job Pomat. As Deputy Opposition Leader and Member for Chuave, the Court declared that I havestanding to proceed with the substantive application to question the constitutionality of Standing Order 165. On Tuesday 5 March 2025, the Supreme Court refused my application for an interim injunction on the proposed amendmentto section 145 of the Constitution – which would givethe successful nominee 18 months before another no confidence motion could be filed. Thisproposed amendment was the protective veil that the Prime Minister James Marape wastrying to enact to insulate him until the 2027 National General Elections. The courtrefused my application on the groundsthat they lacked jurisdiction, asthe SupremeCourt could not interfere with Parliamentary proceedings and in so doing enforced theseparation of powers pursuant to section 99 of the Constitution. In protecting the rights ofMembers of Parliament to have freedom of speech, debate, and engage in Parliamentaryproceedings consistent with section 115(2) of the Constitution, the interim injunction wasrefused. However, on paragraph 3 of page 6 of the decision, the decision further states that the proposed amendment would have nil effect on the vote of no confidence since “the proposed constitutional amendment would operate prospectively, not retrospectively.” That means amotion of no confidence in the Prime Minister can be moved at any time, after which, theproposed amendment will kick in. In short, it does not start from 12 September 2024 whenthe VONC failed with Hon Renbo Paita as the alternative prime minister nominee. Further the Supreme Court ruled that the challenge could be made pursuant to a special reference undersection 19 of the Constitution. The good newsis that section 19 reference is already on foot and the proposed section 145 amendment to the constitution will be rendered sub judice and now allowed to be debated, deliberated, or discussed in Parliament. In short, the opportunity for a vote of no confidence in the Prime Minister is available anytime Parliament convenes and will occur swiftly if the Supreme Court rules favorably on the substantive section 18 Application set for trial on Friday March 14, 2025. Therefore, the vote of no confidence is being vigorously defended in the Courts to ensure that the executive government is held accountable by Members of Parliament. Approved for Release by Hon James Nomane MP Member for Chuave and Deputy Opposition Leader #news #government #Opposition