Ex-Speaker: No law against voting a PM on conscience

National, Normal
Source:

The National, Tuesday July 31st, 2012

THERE is no law preventing members of parliament from voting against their party’s re­solutions when electing a prime minister, former speaker Jeffrey Nape said yesterday.
True but there is a law that prevents horse-trading, nomination and even voting for anyone other than the leader of the party that is invited by the governor-general to form government.
Nape, who yesterday lost his Sinasina-Yongomugl seat in Chimbu province, was referring to a five-man bench Supreme Court decision on the matter on July 7, 2010, which ruled inva­lid and unconstitutional section 65 of the Orga­nic Law on the Integrity of Political Parties and Candidates (OLIPPAC) 2003.
This section had earlier prevented MPs who are members of a political party from vo­ting against its resolution when electing a prime minister.
This will now open the flood gates for MPs to once again move to whichever political party at their whim and vote for whomsoever they wish.
An important tenant of the OLIPPAC law remain­s, however.
In section 63, it is stipulated that the party with the biggest number of endorsed candidates returned in an election will be called by the governor-general to form government.
The Supreme Court decision is referenced SCR No.11 of 2008: Special reference by the Fly River provincial executive council, Organic Law on Integrity of Political Parties and Candidates (2010) SC1057.
“It is misleading, absurd and ridiculous for any learned scholar to claim that a member of parliament is, by law, required to vote in accordance and consistent with his party’s resolutions,” Nape said.
“Such a position is contrary to the law and unconstitutional.
“There is no law in existence that prohibits an MP, who is a member of a registered political party, from voting against his party’s resolution on the issue of a vote for the election of a prime minister.”
Nape’s comments were made in light of the current political horse-trading as lobbying continues on who is to form the next government.