Makiba seeks to be party in PM’s election case

KOMO-Margarima MP Manase Makiba has filed an application to intervene in a Supreme Court reference filed by Opposition leader Belden Namah that seeks assistance to clarify whether James Marape’s election as Prime Minister was constitutional.
Makiba was represented by lawyer Lance Okil, who appeared before Justice Derek Hartshorn in the Waigani Supreme Court on Tjuesday.
Okil submitted that his client had rights to join the matter section under 50(1)C of the Constitution that provided a member should be given a substantive chance to address public affairs.
Okil also submitted that his client’s interest also represented all other MPs who voted for the Marape’s election as the prime minister.
Justice Hartshorn told Okil that Makiba had no right, as all MPs did have such rights under s.50 of the Constitution but to intervene in Makiba’s rights it had to be substantive to join the reference.
Okil said Makiba’s interest exercised his public right where he was one among many others who voted for Marape to be prime minister.
“The issue is all voters will be affected as the reference seeks to declare Marape’s election unconstitutional, and that none of those MPs that voted are represented,” he said
“I note the courts view but my client, as all those that voted, need to be represented.”
Lawyer Greg Sheppard, who appeared on behalf of Namah, rebutted Okil’s submissions.
Sheppard said Makiba’s application was related to Dr Allan Marat’s application to intervene, where it was earlier dismissed by the same court.
Sheppard submitted that grounds raised by Makiba had substantive right to intervene and “should suffer the same fate” as that of Dr Marat’s application.
Okil again responded to Sheppard, saying: “Marat’s application of interest to intervene was as the MP that nominated Sir Mekere Morauta as a third candidate for the prime minister’s office and not of one who voted.”
Other interveners, Marape, through lawyer McRonald Nale, submitted that he leave the issue for the court to decide; Nelson Yano, for Deputy Prime Minister Davis Steven submitted he had not received instructions from his client and remained neutral; and Speaker Job Pomat through his lawyer took no issues.
Justice Hartshorn said he would make a ruling on Makiba’s application next week.