THE Supreme Court reference sought by Governor Dr Bob Danaya with respect to the constitutionality of the Organic Law on Political Parties and Integrity Law is a good cause that the citizens of this country must support.
From a layman’s view and understanding, this law is unconstitutional as it restricts the free choice and movement of a Member of Parliament.
The MP is elected by the people and the “people” is supreme as is the constitution.
In essence, therefore, the people’s leader cannot be subject to another by-law that restricts, but only subject to the constitution.
This means to say the MP’s freedom of choice, expression, speech and movement cannot be controlled on the floor of Parliament, thus, he or she should freely and willingly enjoy all the democratic and constitutional rights and not be restrained or controlled by a law or any other authority.
As I have always said and will say again is this law was passed by Parliament with an intended outcome, without realising the long term implications.
It was a “convenience law” to suit the material time and political climate.
These laws have always been hijacked for political expediency and survival that serves no purpose at all.
For example, the present ruling National Alliance with its Speaker, Jeffrey Nape, continue to use this law to protect his government and cronies on the floor of Parliament.
The people believe the Speaker rules with an iron fist but the truth and reality is that he is ruling under the shadow of this unconstitutional law that was passed to legalise an illegal act.
In the final analysis, I concur and agree that the particular section of this Organic Law that restricts the free choice and movement of a MP should be declared unconstitutional, as the MP is an elected representative of the people where the people are the supreme authority.
The MP cannot become subject to another law or authority that restricts the free choice of an MP at the floor of Parliament.