Court asked to rule on motion

The National Main Stories

By ZEDAIAH KANAU
FINANCE Minister Rainbo Paita has asked the court to determine whether it was proper for Opposition Leader Belden Namah to move a motion without notice on Nov 13 to adjourn its sitting.
Namah had moved that Parliament be adjourned to Dec 1.
The motion was passed after some MPs on the government side had joined the Opposition.
Supreme Court judge Justice Colin Makail adjourned the case to Dec 11 to give time to interested parties to join.
Paita wants the court to determine:

  • WHETHER the decision of Parliament on Nov 13 to suspend the standing orders of Parliament affected the applicability and enforceability of the Organic Law on the Calling of the Meetings of Parliament;
  • WHETHER the time and dates for any meetings of the Parliament, other than the first meeting after a general election, can be fixed by the Parliament on motion without notice by an MP who is not a minister;
  • WHETHER the motion without notice by Namah was moved consistent with the Constitution, the Organic Laws and the spirit of the Constitution;
  • WHETHER the decision of Parliament to adjourn Parliament to Dec 1, was consistent with the Constitution, other Constitutional laws and the spirit of the Constitution; and,
  • WHETHER the action of the Speaker to overrule the decision of Parliament on Nov 13 by his announcement on Nov 16 to convene Parliament on Nov 17, and his conduct of meeting of Parliament on Nov 17, were within his jurisdiction.

8 comments

  • If the parliamentary standing order clearly states that only the minister can move a motion and not the ordinary MP nor the opposition leader, then the high court of this land will mitigate on the justice which the SO of parliamentary sitting dictate/state. At this point in time all the proceedings are before the High Court of our country, let us not deliberate any further on this matter. All credit to Finance Minister, Right Hon. Rainbo Paita.

    • Agree, leave it to the courts to decides so the country can have some peace……(BN’s moves illigal).

  • Govt or Opposition MPs who’s interest are you after???
    GG make the call now… Don’t remain neutral dissolve parliament, call UN to come in conduct fresh elections. The whole government system is so corrupt. We are a laughing stock, no wonder PNG is rated one of the most corrupt nation in the world.

  • The government and opposition have submitted well established arguments. IT seems that this case will take longer than expected because there seems to be various submissions before the court for specific rulings. The decision may be delivered in much or April 2021.

  • Heavy police presence in the vicinity of the Waigani court house is not a good sign of real democracy, we are not in a civil unrest in this country.

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