Court allows four parties to join proceeding

By CLARISSA MOI
THE Supreme Court has allowed the Public Solicitor, Speaker of Parliament, Electoral Commissioner Simon Sinai and the Public Prosecutor to join as parties in the matter of a special reference.
Justice Colin Makail ruled on Friday in the matter of a special reference filed by the Attorney-General Pila Niningi seeking clarification on whether people convicted by a court could stand for election.
Public Solicitor Leslie Mamu submitted that he should be allowed to be a party as a law officer be entitled to seek the opinion of the Supreme Court on constitutional matters under Section 19 (3) of the Constitution.
He said he had a responsibility in defending the Constitution which involved taking an interest in constitutional provisions.
Mamu said questions in the special reference related to offences under the Criminal Code and generally criminal law, an area which concerned his office.
Speaker of Parliament Job Pomat said he needed to be involved in the proceedings as he was responsible for the acts and the standing orders of Parliament and regulating its proceedings and administering its affairs as defined by or under an Act of the Parliament.
Public Prosecutor Pondros Kaluwin submitted that he should be allowed to be a party to the proceedings because the questions contained in the special reference had a direct impact on the powers, roles and responsibilities of the Public Prosecutor in the exercise of its constitutional function.
Sinai said he needed to be a party to the proceedings as his office was charge of the elections.
He said by seeking interpretation of sections 50 and 103 of the Constitution relating to a citizen’s rights to vote and stand for public office and the qualifications for and disqualifications from membership, directly affected the Electoral Commission.
Sinai said his office was in charge of all national election functions which was to organise and conduct elections, thus, affecting the greater interest of the people.
Niningi through the Solicitor-General Tauvasa Tanuvasa, did not object to the parties’ submissions.
Justice Makail ordered that each party should file and serve their statements of response by May 17, the Speaker of Parliament should file and serve affidavits May 17, and Niningi should, in consultation with the parties file and serve a reference by May 20.
Matter was adjourned to May 23 for listings.