Judges hear lawyers’ final
Reports by KARO JESSE
Lawyer Greg Sheppard representing applicant Peter O’Neill
The Parliament sitting of Nov 17 was unconstitutional because Speaker Job Pomat did not have the power to recall Parliament.
The court should make a declaratory order to declare the decision of Parliament when it met on Nov 13 and adjourned to Dec 1 was constitutionally valid because the motion to adjourn was carried by a majority of 57 votes to 39 as required under the Standing Orders.
The question to ask is whether the motion passed by Parliament on Nov 13 to adjourn its sitting to Dec 1 is inconsistent with Section 2 of the organic law on the calling of parliament.
And in any event, does Speaker Job Pomat have any power under the constitution to unilaterally “overrule” a ruling of the deputy speaker made during a sitting of parliament several days after the sitting was adjourned, and after parliament agreed to the question the subject of the ruling?
Opposition Leader Belden Namah moved the motion to adjourn Parliament sitting to Dec 1 and not a new sitting.
A majority of 57 voted that Namah move a motion to discharge and appoint certain members of the Members Private Business Committee which was agreed to by Parliament.
- Namah then sought leave to move another motion without notice to adjourn parliament which was granted by the deputy speaker. Speaker Job Pomat also gave insufficient time to recall Parliament when he realised the inconsistency of the decision of the deputy speaker.
There is no law that allows the speaker unilaterally to overrule a resolution of the parliament. What right does the speaker have to nullify a decision of Parliament?
And if the decision of Parliament on Nov 13 was not overruled, why did not it meet on Dec 1?
The court should declare that: - The decision of Speaker Job Pomat on Nov 16 and 17 is unconstitutional and effective;
- An order in a nature of declaration that the meeting of parliament on Nov 17 was unconstitutional;
- An order in the nature of a declaration that the 2021 Budget purportedly passed at the meeting on Nov 17 was unconstitutional;
- Parliament to adjourn to April 20, 2021 is unconstitutional.
Since it’s the issue for Parliament, the court should make an order to recall parliament to fix the problem to protect the dignity of Parliament.
Lawyer Charles Mende representing Speaker Job Pomat
What the Speaker did on Nov 16 to recall parliament on Nov 17 was to restore and uphold the dignity of Parliament and maintain order and regulating its proceedings through the administration of its affairs.
The Speaker made the decision to recall parliament after identifying a breach of Section 2 of the Organic Law on the calling of parliament.
The provision allowed only a minister to move a motion without notice to adjourn Parliament.
On Nov 13, deputy speaker Koni Iguan granted leave to Opposition Leader Belden Namah to move that Parliament be adjourned to Dec 1.
The Speaker became aware of this adjournment and was of the view that the adjournment was not valid because Section 2 of
the Organic Law and Section 43 of the Standing Orders say that only a minister may move a motion.
On Nov 13, a motion without notice was moved by a person other than a minister as provided under the Standing Orders and Organic Law.
There was a non-compliance of the requirement of the constitutional law and therefore the non-compliance invalidated that adjournment made in Parliament on Nov 13.
The Speaker realised that the decision of the deputy speaker on Nov 13 was wrong and made a press statement on Nov 16 that the meeting of parliament which commenced on Nov 10 will continue on Nov 17.
On Nov 16, the Speaker announced his decision to overrule the deputy speaker’s ruling of Nov 13.
The decision of Parliament was a consequential decision based on a clear breach of constitution law therefore it was invalid.
The Speaker was at liberty to recall parliament to correct the errors of the deputy speaker. He validly recalled parliament on Nov 17.
Lawyer Nemo Yalo representing Justice Minister and Attorney-General Pila Niningi
DEPUTY speaker Koni Iguan presiding over the Nov 13 sitting of Parliament breached Section 2 of the Organic Law on the calling of Parliament when he allowed Opposition Leader Belden Namah to move a motion to adjourn it to Dec 1.
In relation to any meeting of Parliament, the time and date shall be fixed through a motion without notice by a minister.
Applicant Peter O’Neill through his lawyer Greg Sheppard of Young and Williams is asking the court to turn a blind eye or
ignore the serious breach of Section 2 of the Organic Law.
The simple fact is that when Namah proposed and deputy speaker (Iguan) allowed him to move a motion without notice to adjourn parliament to Dec 1, both breached the organic law which states that only a minister can move a motion without notice to adjourn parliament.
And the 2021 Budget which was passed during the Nov 17 sitting was constitutionally valid.
Section 209 of the constitution is a general provision that confers power on the parliament to authorise and control the executive arm’s raising and expenditure of finance.
There were no breaches of the constitution on rights of members of parliament because opposition MPs chose to ignore the organic law to hijack the budget session when they decide not to continue with the November meeting of Parliament.
The court must make an order in the nature of a declaration that parliament sitting of Nov 17 and the passing of the2021 Budget were constitutionally valid.
30 comments
During the period we wrote the constitution, minister or member meant the same, one or the other. Stop playing games with simple words and do what’s right for the people.
Yep.
Let’s go back to the genesis. When problems arise, we always go back to the starting point for solution.
It was November 13th Friday. (Black Friday – Wrong time for those trying to change the government).
Firstly on Nov.13, the Prime Minister is still James Marape. That fact must sink into everybody’s head. It was not the time yet for a VONC – not yet. Government stap yet. It was only the sitting arrangement. All those MPs that moved from the government bench to opposition bench are still under PMJM. They are still under one government. That is the first understanding that all must know because VONC’s period is not yet up.
All in Parliament must also know and understand the Organic Law under Section 2. That’s very clear there. (However, taim mahn move na dust kirap, ol mahn faol na ino lukim section 2 Organic Law. – That’s a laughing stock history..)
In short, section 2 of the OL was breached in the first place. And it was however corrected by recalling the Parliament on Nov.17. Job Pomat did the right thing to correct Section 2 that was breached by the deputy Speaker.
Therefore, I now conclude that;
– The Parliament Adjournment to December 1 is invalid and unconstitutional regarding Parliament Standing Orders because a non minister moved the sitting – unconstitutional. (Government been stap yet, – tinim?)
– The recalling of Parliament to sit on Nov.17 by the Speaker (Pomat) is valid and a correction to the breach of section 2 OL.
– The passing of budget on Nov.17 is valid and followed due course and is constitutional.
– The adjournment of the sitting to April is valid and constitutional.
– And last but not the least, all MPs at opposition camp to return back to your respective electorates to carry out your mandated tasks.
Em tasol…
Its obvious, Belden Nama and his team of boys, not members of parliament but “boys” wanted to hijack the parliamentary process and bring in their agenda of VONC on Dec 1. Sorry Tumas, the supreme court will rule and you will all look stupid in the eyes of Papua New Guineans.
Wow!
Grown up man, educated men disrupting a Parliament session in progress. When greed for power and accessing government finances and resources is the main agenda and theese desperate men can destroy this country forever. PO and BN are known dangerous men, they forcefully removed a legitimate government in 2011 and they are doing the same. FOLLOWERS the MPs will go down the history as desperate men of anarchy, desperate men threatening the freedom and democracy we enjoy now.
Let alone the due process of justice takes its course. Matter is before the court of Law of this land and let us all respect the judiciary system and the hard working judges who have the greater love for their country and that they will deliver justice on time so that the constitution of this country (Papua New Guinea) will prevail at all times, please let us all refrain from deliberating on the sensitive and substantive matters that are before the high court of our country.
Sorry commentators.
You voted your members through a system called democracy.
The same system does not stop your MPs from such actions. In fact it allows it to happen.
Hopefully supreme court will agree with your assessment.
Those leaders who are ignorant of the laws and procedures of the parliament must not be supported to lead this great nation. Logic will tell us that whoever win this case is a promised and chosen one that will lead this nation towards milk and horney. Only fools will support the lawless leaders.
So far I see the current government lead by PMJM on the part to make PNG great.
PO n BN are hell bent there is nothing in their subconscious minds bt greed n power n fame n glory na no alleluia lo het blo ol. Even the likes of JC n PW n AM sampla ol lawyer by profession ya ol despla save blo lo we n that one haw? Tinting blo moni na kaikai na pekpek blokim save blo law ah?
Em tasol. Tok i dai.
Em bipo upla wokim lo lapun man Grand Chief Sir Micheal Somare. You same lot of culprit.
PMJM bai winim yupla!
Those crooks in the opposition led by PO and BN seemed to have forgotten that current PMJM was the last man standing with the Chief in 2011.
These two took over the government while Chief was in hospital. All done out greed for money, power, fame, etc.
Now they are at it again. Those who are teamed up with BN and PO are equally blinded by greed that they can’t understand clearly what’s happening.
Therefore, they will bring their own demise, come 2022.
Robin Vagi
You have nailed it to BN’s head.
As you are saying, 18 months grace period wasn’t over yet and they tried to have vote of no confidence which they did.
Those members were in parliament for all those years and they didn’t know what they were doing.
Former prime ministers, senior ministers, 3 terms and 4 terms politicians made the move.
How stupid they are.
Vote them out in 2022 elections
Thanks
In their haste for power and glory, PO and BN always overlook processes and legal requirements that are foundation blocks of a democracy. These two are dangerous, untrustworthy persons who are hell-bend on destroying our legal frameworks and our new-found democracy. They must be stopped at all costs!
PO and BN are partners in crime.Tupela, ol power hungry istap. There is alot of bribery na corrupt pasin behind the scene.
Look at what Sam Basil did to allocate special infrastructure project (SIP) monies to his party members first before pulling the plug to jump ship.
Is that already a misconduct in office? Conflict of interest, indirectly using public funds to keep his team intact whilst bribing others who also got this SIP funds.
This nation must bite the bullet for drastic changes.We have for too long been scape goats and become spectators whilst others reap the benefits.Enough is enough.
Thank you PMJM and team..Tough times requires tough decisions .Its a short term pain for a long term gain.
I can see the smile on our new AG face, it tells me of a positive outcome.
It reminds me of my local MP, Hon.K. Kua “Quote, Always go by the books, its there”
We have our mama Law to follow and to guide us.
We as citizen should pray for all our MPs to have wisdom and be as leader and not followers.
The KJV Bible in parliament brought from US and I can recall the VP statement, “Where there is spirit of God, there is Liberty and peace.(2018, APEC)
REMEMBER GOD IS A SPIRIT and makes miracles and wonders.
Some of our leaders are starting to see the EXIT POINT from the way it is played out.
God bless PNG as always.
BN and PO used number game in 2011 to turn the oldman Sir MTS.Again on 13 November,2020 to play the number technique for 2nd attempt to overturn PMJM but never knew that he JM knew the game well ahead of them.
That is why he told them,not to Roar for a War Cry without having the Owner/Warrior being killed to dead. If the owner of the fight still alive the fight do not stop until and unless you kill him and he goes 6 ft declare and Roar.
Mr. O’Neill through Greg Sheppard his lawyer.
Our Lady Justice is already blind folded before your intention.
I wonder what role Hon Sam Basil will play in the New Government if ever there is a Change of Government through a successful VONC. He was already the powerful number 2 man in the Government.
Even though I do not come from his Electorate of Bulolo and as a taxpayer and live and work in lae Morobe Province I would very much see him go back to the Government side and retake his very powerful DPM and Planning Minister if he is NOT going to be alternate PM Candidate.
Truly I believed SB as a credible leader but not now
He still yet to mature in his calculations to become PM. His current behavior seems to suggest he is not ready yet. He lack patience, wants to rush when there is talk of changing government is afoot. BN and PO lied to him that he become a PM. He believed the lie and led 12 other ministers to join the opposition. It is highly unlikely he will become a PM, but yes, a senior ministerial portfolio is likely. The future prime minister materials are Allan Bird, Gary Juffa, Brian Kramer, Richard Maru, Allan Marat.
William Duma expected to be a alternate PM and didn’t happen as expected and walked out quietly and joined Government. Now the ball is right in the middle of BN, SB, PP. I will only trust them if they appoint PO as alternate PM, Otherwise all of them will go back to Government.Lets see whats going to happen next.
Simply, GOD was @ work. Belden Namah, Koni Iguam and of course the clerk including the ministers who were to move to the opposition were literally made blind. It should have been the ministers touted to move to the opposition that should have raised the motion rather than Belden Namah. If it was one of those defective ministers than, the story would have been different and right now we should have a different prime minister. It was just a simple calculation and they made an absolute blunder. Sorry opposition, try luck lo 2022.
Very well thought and said.They were totally blinded by the Creator. How could former priministers , senior ministers, 3/4 term MPs were mislead by crooks like PO,BN. Yupla usim mipla enap, enjoy your stolen treasures and wait for your eternal return to your origion.
Manu, totally agree with you as I said earlier, KJV Bible the word of God in parliament will separate the greed, selfish, boasters from the Honest and humble Leaders.
God makes wonders, small things matters.
I hope the decision will be in favour of our government of the day.
Agree with you John Domial,whenever if a leader is fighting for the good of his people nature has always balanced it,and if a leader has another evil dirty plan in his head, the nature too will balanced,PMJM many local population of this country are with your government so please go a head and do whatever you think is good for our future generations and take back our country before our future generations become slave to their own mother’s land.
When you become a member of parliament, you are a legislature (policy maker) and therefore you should allow yourself much time to read and understand the constitution, parliament standing orders etc. People like Belden Nama and his cohorts have been in parliament for so long and I expect them to undestand all the parliamentary standing orders and the constitution so they they conduct their mandated business according to the law. It has been obvious now that they don’t know why they have become members of parliament. If they had, this incident would not have happened because they would have know the laws and abide by it. Now their actions have caused unnecessary legal expenditures which is met by the peoples money.
Now that the numbers are intact on both sides why don’t they just maintain their numbers and go to the polls in 2022. If all of them are returned they just elect the prime minister and end of the story.
The catch is not all of them will be re-elected. PO/BN/JM are products of the ballot box so in the event all of them losses the whole saga becomes history and the country moves on with a new prime minister.
You are correct Mr Okae in saying Mr SB I no mau yet except Dr. Allan Marat. Leadership? To date Mr. Marat has not shown any leadership quality. National issues?His resounding silence on national issues leads one to question is he the right person to lead the nation of PNG. Your other 3 candidate named unfortunately I am a patriotic Papua New Guinean, they are caucasians and it would be in the best interest of our 10,000 000 people we must always nominate an indigenous native Papua New Guinean to be our Prime Minister.
Government will run this country through to 2022
Another constitutional crisis in PNG and citizens can not clearly distinguish between the three arms of the government, Executive Arm, Legislative Arm and the Judiciary , their independent functions and responsibilities to protect the Democracy of this beautiful nation PNG. In the last term of Government, Peter O’Neil and Grand Chief Sir Michael Thomas Somare were both Declared as Prime ministers by the Highest Court of PNG, the Supreme Court, thus a constitutional dilemma for a Democratic and Independent State of PNG/ A Sovereign Nation to have two Prime Ministers at any one time!
This is again, another constitutional dilemma when the Opposition MPs and the Speaker of Parliament and the Executive Government by passing lawful parliamentary procedures and processes and running to the courts/ the supreme court with SMART LAWYERS to turn and bend the constitutions which are indented to protect this country, its citizens and the 3 Arms of Government to Function Independently for a vibrant democracy to prevail but it is not the case now. The Legislative Arm of the Government (both the Executive Government and the Opposition MPs) are “CONSTITUTIONAL RAPISTS” because they are engaging lawyers to ‘bend and turn’ the laws around to nourish their selfish ego and hunger for POWER & MONEY without due consideration for the “intention & spirit” of the law. Smart Lawyers are using the letter of the law to argue in the highest courts to convince and lure citizens that their unconstitutional actions will be justified by the highest court without due consideration of the ‘intention and spirit’ of the law.
All our MPs in both sides of the House including the Speaker of Parliament with their smart layers have become the “Constitutional Rapists.”
Will the JUDGES of the PNG Supreme Court with their sound and conscientious Judgments write down their very independent decision for this constitutional crisis/dilemma and figure out the loopholes in the sections of our constitutional laws where future (MPS and LAWYERS) potential ‘constitutional rapists’ will not have the opportunity to rape our noble constitutions without its consent and intended purpose.
Will Judiciary make this constitutional crisis/dilemma a CASE LAW after its ruling on the constitutional validity of the Parliament adjournment by Deputy Speaker and Opposition Leader and recalling of parliament by Speaker and subsequent passing of 2021 Budget? The recalling of parliament by speaker with minority of the MPs did not give Majority of the MPs in the Opposition Camp who were mandated BY PEOPLE to represent them/citizens the opportunity to argue on the floor of parliament on the budget which was for the good of the people and the country?
P0 and BN, both of you will reap what you sow on 2011.
Grand Chief Micheal Somare, papa blo PNG. You both hijack Speaker and control Parliament. You both will taste your own medicine.
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