Court defers hearing on stay application
THE Supreme Court has deferred to Friday an application by Prime Minister Peter O’Neill filed yesterday to stay a motion of no-confidence against him because it was not urgent.
The application was based on the likelihood of the Opposition filing a motion in Parliament yesterday.
A three-man bench consisting of Chief Justice Sir Gibbs Salika, Justice Ellenas Batari and Justice Oagile Bethuel Dingake told O’Neill’s lawyer Tiffany Twivey to show grounds of urgency for the court to consider the application.
Twivey said the Opposition might file another motion of no confidence which could be put before Parliament’s Private Business Committee (today).
“Section 145 of the Constitution does not provide for the withdrawal of a notice of motion which means the Opposition’s notice of motion of no-confidence is still on foot,” she said.
“And if they file another motion, it would be an abuse of constitutional processes as there would be two motions running parallel.
“So we are seeking to stay the process of the Private Business Committee.”
Tari-Pori MP James Marape, Opposition Leader Patrick Pruaitch and Speaker Job Pomat were also represented in court.
The court asked Twivey whether there should be parties involved in the hearing as the court had previously directed for the parties to appear yesterday.