B’ville constitution not a standalone, court told

By KARO JESSE
THE lawyer representing Bougainville president John Momis has told the Supreme Court that the Bougainville constitution was not a standalone law and was a constitutional law subject to the Papua New Guinea Constitution.
Loani Henao made the claim yesterday at a hearing of a Supreme Court application filed by Momis, when he was asked by a panel of judges comprising Les Gavara-Nanu, David Cannings, Nicholas Kirriworm, Chief Justice Sir Gibbs Salika and his deputy Ambeng Kandakasi, how the court had the power to legislate on behalf of the Bougainville house of representatives (HOR).
The Supreme Court application was filed pursuant to section 310 of the Bougainville constitution which seeks to clarify whether the section 89 (2) and 91(4) (f) were consistence with section 50 of the national constitution. Momis claimed that the provisions were inconsistent with s.50 of the national constitution because it rendered a Bougainville president, who had been elected for two terms, ineligible to contest an election.
Lawyer representing the Bougainville HOR Greg Sheppard argued that the provisions in s.89 (2) and s.91 (4) (f) of Bougainville constitution were legislated through HOR which constituted the will of people of Bougainville that a president could only serve two terms in office.
The judges also explained that given the nature of Bougainville now an autonomous region, serious considerations were needed to be made regarding the matter.
Momis also filed to seek the court’s clarification on whether the provisions of section 55 (5) (b) regarding the lawful status of former combatant members of the house impacted on the outcome of a vote to amend sections 89 (2) and 91(4) (f) of Bougainville constitution.
This raised questions on whether participation of representatives of three former combatants in the proceedings of the HOR after the Bougainville referendum was valid pursuant to section 55. The matter was adjourned for a ruling on a later date.