The National,Thursday19 January 2012
By ANGELINE KARIUS
National Court Judge George Manuhu has adjourned the case filed by Attorney-General Dr Allan Marat.
Marat had filed the case on Jan 13 against defendants 0S958 of 2011 Fred Yakasa v Toami Kulunga and OS977 of 2011 Gabriel Yer v Steven Gibson to stay in the National Court.
Lawyer Tiffany Twivey said her client had filed a special reference application in the Supreme Court to stay both proceedings until the determination of the reference was made in the Supreme Court.
It is understood that the two are seeking declaratory orders, Yakasa to be recognised as duly elected police commissioner and Yer as secretary for Department of Finance as elected in the former Somare-led regime.
Marat as stated in the Reference had questioned the legality of the Prime Minister and National Executive Council Act 2002 Amendments, decisions of Parliament and reserve powers of the Governor-General.
According to the application he questioned if the Schedule 1.10 of the Constitution allows Parliament to reverse an earlier decision of Parliament by a new motion.
Does Parliament have inherent powers outside those set out in the Constitution? And does section 110(2) of the Constitution permit the making by Parliament of legislation with retrospective effect?