Sir Salamo: Authorities failed to challenge laws

 By CHARLES MOI

CHIEF Justice Sir Salamo Injia says that it was unfortunate that the extension of the grace period in 1991 beyond six months went unchallenged. 

Sir Salamo made the remarks in the Supreme Court in Waigani last Friday when the full bench found that Parliament’s amendments to the 30-month grace period was unconstitutional. 

He said it was the failure of the constitutional authorities tasked with challenging such laws under section 19 of the Constitution. 

“Extension of the grace period beyond six months, in my view, is not in the nature and character of a grace period,” Sir Salamo said.

“Its purpose clearly is the entrenchment of the government in power, which never was the expressed intention of section 145 (of the Constitution) when it was enacted.”

Sir Salamo said the Constitutional Planning Committee and the framers of the Constitution would not have contemplated at the time of independence that an executive government would require more than six months to settle into office and organise itself. 

“A vote on a motion of no confidence is a very serious thing that threatens the life of the incumbent government and it should not be taken lightly by MPs on both sides of the floor of Parliament,” he said.

The Supreme Court found that the challenge by Vanimo Green MP Belden Namah and former Chief Ombudsman Ila Geno to Parliament’s amendment in 1991 to extend the grace period from six to 18 months was belated.