Momis’ bid to restrain speaker withdrawn

By KARO JESSE
AN application for interim injunction filed by Bougainville President John Momis seeking restraining orders to stop the speaker of the Bougainville House of Representative from issuing the writs for a presidential election was withdrawn yesterday.
The understanding is that the purpose of the injunction sought was to restrain the speaker from issuing the writs for Bougainville presidential election today pending a special application filed pursuant to section 210 of the Bougainville constitution.
Momis’ lawyer, Loani Henao, told the court the injunction sought would not be necessary at the moment because the writs would not be issued today due to a state of emergency (SOE) declared in Bougainville by the executive council in a measure to contain the spread of the coronavirus.
“The Bougainville electoral commission has advised the speaker not to issue the writs as schedule because of the SOE,” Henao said.
“So the injunction won’t be necessary but we seek an adjourned date to hear the substantive application.”
The injunction was to stop the issuance of the writs and to allow the judiciary to interpret certain provisions of the Bougainville constitution questioned in the special application filed.
The special application filed is challenging the validity of section 89 (2) and 91 (4) of the Bougainville constitution.
The special application seeks to clarify whether the provision of section 55 (5) (b) regarding the lawful status of former combatant members of the house impacted on the outcome of a vote to amend the sections 89 (2) and 91(4) (f).
The representative of former combatants ceased to exist after referendum which was according to Bougainville constitution.
However, the representatives of the former combatants continued to take part in affairs of the Bougainville House of Representatives post referendum.
The matter on the substantive application is adjourned for directions hearing to set a date for the hearing.