Court to decide

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O’Neill challenges legality of Tuesday’s Parlt sitting

By BOURA GORUKILA
IALIBU-Pangia MP Peter O’Neill has requested the Supreme Court to determine the legality of the Parliament sitting on Tuesday, including the passing of the 2021 national budget.
O’Neill’s lawyers Greg Sheppard and Philip Tabuchi of Young and Williams filed an application yesterday raising “important constitutional questions of national importance” on:

  • whether the 2021 national budget passed was consistent with the Constitution and the spirit of the Constitution;
  • whether the meeting of Parliament convened on Tuesday, Nov 17 was consistent with the Constitution, the Organic Law, and the spirit of the Constitution;
  • WHETHER the purported decision of Parliament on Tuesday to adjourn the House to April 21, 2021, was legal;
  • WHETHER the purported decisions of the Speaker to overrule a motion passed on Friday, Nov 13 to adjourn Parliament to Dec 1, and to convene meeting on Tuesday, Nov 17, were consistent with, and in the spirit of the Constitution.

O’Neill, a former prime minister and leader of the People’s National Congress ousted from power by Prime Minister James Marape in May last year, asked the Supreme Court to declare that:

  • THE Speaker’s decision to recall Parliament on Tuesday this week despite the approved motion last Friday to adjourn it to Dec 1, is unconstitutional, invalid and ineffective;
  • THAT the meeting of Parliament on Tuesday Nov 17 was unconstitutional, invalid and ineffective;
  • THAT the 2021 national budget purportedly passed on Tuesday was unconstitutional, invalid and ineffective, inconsistent with Section 209 of the Constitution;
  • THAT the decision during Tuesday’s meeting to adjourn Parliament to April 21, 2021 is unconstitutional, ineffective and invalid;
  • THAT the changes to the Member’s Prime Business Committee make on Nov 17 were unconstitutional, invalid and ineffective;
  • THAT the meeting of Parliament on Friday Nov 13 and the decisions made thereat were valid and remain in force; and,
  • THAT the court issues a mandatory injunction requiring the Speaker to convene a meeting of Parliament on Dec 1.

It could not be confirmed yesterday when the Supreme Court would make a ruling on the case.
O’Neill and Opposition MPs were absent from Parliament on Tuesday when 50 MPs on the Government side passed the 2021 budget.
Most were in their camp at Vanimo in West Sepik where they had left for last weekend to discuss their plan to move a motion of no confidence against Prime Minister James Marape on Dec 1.

10 comments

  • Who wrote the Laws must interpret the full and correct meanings of the wordings, and relate for final settlements and the fights are to ceased. God knows who will be the PM Short and long reign.

  • So who is correct in interpreting the standing orders of the constitution. Please can legislation council shed some light on this… Confusion

  • Is PNG a private company for a this so called leaders so they are fighting over it’s to post? It’s shameful fighting over the top post..mas inogat narapla wok nau o. Only God knows who will be the PM til 2022 NGE.

  • The Liars(Lawyers) mentioned here have become millionaires already from just greedy and corruptible self centered so call leaders…, yet mipla stap olsem yet..,

  • There is no reason to change the nationalistic prime minister, the changes to the resources laws and ICAC bills have long term benefits this country can gain from. the destabilization caused in the current government is coming from old dogs who have been doing this for ages in the likes of former prime ministers sir Julius Chan and Paias Wingti. correct me if i am wrong but these guys have destroyed the country during their times as prime ministers. Sir Julius Chan brain has reached its expiry date. if one should remember, he has a track record of mismanaging the country by escalating an economic benefit issue relating to BCL into a succession issue. Paias Wingti failed many of his economic policies during his tenure and yet they continue to break coalition governments because they have nothing to be proud of.
    PM James Marapes track record is his short time will live to benefit PNG for generations so leave him alone.

  • There is no reason to change the nationalistic prime minister, the changes to the resources laws and ICAC bills have long term benefits this country can gain from. the destabilization caused in the current government is coming from old dogs who have been doing this for ages in the likes of former prime ministers sir Julius Chan and Paias Wingti. correct me if i am wrong but these guys have destroyed the country during their times as prime ministers. Sir Julius Chan brain has reached its expiry date. if one should remember, he has a track record of mismanaging the country by escalating an economic benefit issue relating to BCL into a succession issue. Paias Wingti failed many of his economic policies during his tenure and yet they continue to break coalition governments because they have nothing to be proud of.
    PM James Marapes track record in his short time will live to benefit PNG for generations so leave him alone.

  • Png lawyers have become millionaires, taking advantage of the greed and pride of leaders. Why don’t they allow JM to complete this term? PO is one of the most selfish and greedy politician in png. His actions show. He hates marape so much. Marape is his son. Look at somare, he is a true leader.

  • Only God know where it started and how it moved on. God already know the heart and mind of team at Vanimo and Team and current Government with Marape. God is peoples God and knows which one is actually fighting for the people having people as number one priority than selfishness and greed. Its not the Court of Law who will make decission but God who will make the decission. People of PNG need to pray alot so that God will appoint and annoint those real leaders.

  • It is important at this stage to allow the judiciary to interpret the recent fiasco. It is vital and necessary for the people of this country to know if the decisions from motions 1 and two are correct and valid. If it has defects it must be corrected. PNG is a number democracy and must be guided using numbers. We must not be misled to think that the decisions are legal. Only the courts will c;lear the defects.

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