Stop twisting facts and tell the truth

ATTORNEY-General Dr Allan Ma­rat, Powes Parkop and company conveniently ignored the opinion of the Supreme Court.
The judgment of PNG’s five most senior judges showed:
1. The 3-2 majority said there was no vacancy in the office of the prime minister; and
2. The 4-1 majority said the election of Peter O’Neill on Aug 2 was unconstitutional because election did not take place on the next sitting day as per Paias Wingti’s snap election.
Marat and company conveniently forgot that the Supreme Court gave its opinion because it was asked to do so.
If they had left aside gutter politics, it would not be too difficult for them to see that they had circumvented the Supreme Court decision by legisla­ting themselves into office as a go­vernment without waiting for the court and allowing it to deliver it decision, however divided, and then seek directions from the court, if in doubt.
Marat and his lot conveniently forgot that they were lawyers, and as lawyers, they must know that the Supreme Court is not just another institution of the government.
It represents the judi­ciary,  the third arm of government, and speaks as the third arm of government.
Marat and many lawyers-turned-MPs are enjoying a short-term gain because:
l    Their reliance on the laws made under their questionable regime will eventually be subjected to the same interpretation process by the court as it will inevitably happen; and
l    Given the controversial circumstances under which such laws were passed, the Constitution is likely to reign again from a layman’s point of view.
So where does that leave O’Neill-Namah regime in future?
Pass more laws outlawing the Supreme Court’s ruling again? And again?
Come on folks, get off your high horses and be sensible.
The issue is not whether parliament or Supreme Court is supreme.
The true picture has been distorted.
The Supreme Court has done its work it was requested to do.
The court is not supreme except it is the highest court of the land that spoke on behalf of the third arm of the government.
The judiciary, the legislature and the executive are three arms of government with equal standing and are all subject to the same constitution, which is the only supreme and living thing to which all the three arms of the government are answerable to.
Members of parliament, who are elected every five years, have a limited lifespan.
If a member is lucky, he serves se­cond and third terms, otherwise a member serves for only five years.
Just because parliament is the supreme law-making body does not make it superior to the judiciary.
Any law, even constitutional law made by parliament, are all subject to interpretation by the Supreme Court and the court has power to strike down any law that is contrary to the Constitution. It is always the judiciary that
has the last word.
Surely Marat and all the lawyers-turned-MPs should know this.
You cannot have your cake and eat it all at the same time.
Regardless of the numbers you have, you are all standing on shaky ground.
The Constitution will rise above
all in the end when your so-called laws are submitted to the interpreta-
tion of the Supreme Court.
Must you continue to mislead the people of Papua New Guinea?
 
For the Constitution
Via email