Court asked to stay PM’s case

By KARO JESSE
PRIME Minister James Marape and his deputy Davis Steven have asked the Supreme Court to stay the court case filed by Opposition Leader Belden Namah which questions the legality of Marape’s election as prime minister on May 30, last year.
Marape and Justice Minister and Attorney-General Steven through their lawyers told the court on Friday that a stay should be granted on Namah’s case because there was another case filed by Petroleum and Mining Minister (then Attorney-General) Kerenga Kua which questions the legality of Namah’s appointment as the Opposition leader.
Namah filed the case on Sept 23 seeking the court’s declaration of Marape’s election as illegal.
The case was filed in his capacity as the Opposition leader where he claimed that the issues raised in that proceeding related to the performance of his functions as the Opposition leader.
Kua, in his special reference filed on Dec 16, asked the court to interpret and clarify whether Namah was formally the leader of opposition at the time he filed the special reference against PM’s election.
At the relevant time Namah had filed his reference, he was not formally recognised by Parliament as the Leader of the Opposition.
Kua questioned Namah’s appointment on the basis that the Constitution provided that a Member of Parliament formally became the Opposition leader when he was recognised by Parliament.
The determination in Kua’s reference would determine Namah’s capacity to file the reference. The court will give its decision this week.