Parkop seeks interpretation

SUPREME Court has ruled that former National Capital District (NCD) governor Powes Parkop has raised constitutional issues relating to an application he filed seeking court’s interpretation.
Justice Derek Hartshorn on behalf of a three-man bench ordered at Waigani yesterday that Parkop had standing to move his substantive application seeking an interpretation of section four of the Constitution and sections 4(1), 10, 17 and 22 of the Organic Law on Provincial and Local Level Government.
Also, whether the NCD Commission Act 2001 was legal and whether the NCDC amended Act 2021 was unconstitutional.
“We are satisfied that Parkop has raised in the application the question of whether the amendment Act is valid, given that the Organic Law (which is) a Constitutional law which regulates the constitution, powers and functions of a provincial government subject to certain exceptions.
“Thus a significant constitutional issue is raised.
“We are satisfied that he has standing to make this application,” the court said.
Prior to last October, NCD was administered pursuant to NCDC Act 2001. That act created a governing body called the commission.
Section five of the NCDC Act provides for the membership of the commission.
On Oct 19, Governor-General Sir Bob Dadae acting on advice, declared that the Organic Law on Provincial and Local Level Government 1995 came into operation in relation to the NCD.
If valid, the effect of the Governor-General’s declaration was to transform NCDC into a province.
In turn, NCDC became subject to the provisions of the Organic Law stipulating the governance of provenances.
Former Central governor Robert Agarobe then submitted a Private Members’ Bill to the Parliamentary Committee on private business.
That bill sought to make various amendments to the NCDC Act.
These included amending a provision of the NCDC Act stipulating the criteria for membership of the commission.
The criteria provided for in the bill were different to, and incompatible with the provisions of the Organic Law. The bill was ultimately passed by Parliament in the form of the NCDC Amending Act 2021.
It came into effect on Jan 13 following its certification by the acting speaker of Parliament.
Parkop had submitted through his lawyer Grace Sikre that he had standing to bring this application because he was a citizen and sitting governor for NCD.
He was not a mere busybody and had raised constitutional issues.
Solicitor General Tauvasa Tanuvasa representing the Attorney General argued that Parkop had not raised any constitutional issues.
He submitted among others that that the declaration regarding the Organic Law was insignificant as it only fixed the date when the Organic Law came into operation for the NCD.
Tanuvasa added that the declaration did not have the power to suspend the operation of an Act of Parliament.
The court said: “In considering whether significant constitutional issues are raised, the rules of the underlying law as summarised, refer to whether the substantive application raises significant constitutional issues as distinct from being confined to the declarations sought in the substantive application.
“In our view, all of a substantive application should be considered in determining the question of standing and not merely a part.”