The National – Friday, December 17, 2010
By JULIA DAIA BORE
THE opposition’s court challenge relating to Speaker Jeffrey Nape’s recent adjournment of parliament to May next year is expected to be mentioned in court today to make amendments to his originating summons and for a date to be set for hearing in the new year.
The originating summons was listed on Wednesday for directional hearing before Deputy Chief Justice Gibbs Salika; however, due to the file being “misplaced” the matter was adjourned to this morning, lawyer for the Opposition Loani Henao of Henao Lawyers said which the national Court registry also confirmed yesterday.
The matter relates to the opposition alleging that Nape breached section 95(4) of the constitution when he presided as speaker of parliament when he was officially acting governor-general as a result of Sir Paulias Matane’s term of office officially expiring on May 26.
Henao said he expected to move a fresh motion to make amendments to his original summons and the amendments would expect to include the number of days and the exact days in question when Nape presided as speaker when he should not have done so in the months of May, June and November 2010; as the Supreme Court ruled last Friday when interpreting the Supreme Court review brought before it, by the Morobe provincial government.
Also scheduled for mention today are the four legislations that Nape certified on July 9, 2010: the Environment (Amendment) Act 2010; Civil Aviation (Amendment) Act 2010; Immigration and Citizenship Service Act 2010 and Customs (Amendment) Act 2009.