Geno’s chance to challenge

 THE Supreme Court has ruled that former Chief Ombudsman Ila Geno has standing to challenge Parliament’s amendments on motions of no confidence against the Prime Minister. 

Justice David Cannings handed down the 18-page decision last Friday on behalf of deputy Chief Justice Gibbs Salika, Justice Bernard Sakora, Justice Derek Hartshorn and Justice Goodwin Poole.

He said significant constitutional issues were raised. 

Geno filed the Supreme Court application arguing that the Prime Minister was immuned from motions of no confidence for a long period. 

The hearing on the substantive matter will be held on a later date. 

The first amendment was made in 1991 – increasing the period within which a motion of no confidence may not be moved from six months after the date of appointment of the Prime Minister to 18 months. 

The second amendment was made last year which increased the period from 18 months to 30 months. 

Geno argues that the both amendments are unconstitutional on the grounds that they are inconsistent with a number of other provisions of the Constitution which entrench the principle of reasonable government and the principle of separation of powers. 

Geno says both amendments restrict for long periods the right of members of Parliament under section 50 of the Constitution to be eligible to hold office as Prime Minister. 

The Supreme Court ruled that Geno had a sufficient interest as a citizen who had a genuine concern for the subject matter of the application. 

The court ruled that Geno was not a mere busy-body who had improper motive.