Supreme Court okays Opposition Leader Namah to challenge PNG Govt, Parliament

 News that matter in Papua New Guinea

PNG Opposition Leader Belden Namah

Supreme Court okays Opposition Leader Namah to challenge PNG Govt, Parliament

PORT MORESBY: The Supreme Court yesterday (May 12, 2021) ruled that it will proceed with a case filed by Opposition Leader Beldan Namah questioning Parliament’s failure to deqal with a motion of no confidence against the prime minister in November’s session.

Namah is also challenging the constitutionality of Budget 2021 passed during the session.

Details of the Supreme Court ruling was reported by The National:

Namah’s case to proceed

May 13, 2021The NationalMain Stories

Sir Gibbs
Salika

By ZEDAIAH KANAU
THE Supreme Court will proceed with a case filed by Opposition Leader Belden Namah questioning Parliament’s failure to deal with a motion of no confidence against the prime minister during last November’s session.
Namah is also challenging the constitutionality of the 2021 national budget passed during that same session.
A five-man bench comprising Chief Justice Sir Gibbs Salika, Justice David Cannings, Justice Derek Hartshorn, Justice Ere Kariko and Justice Thomas Anis, refused two objection to competency applications filed by Attorney-General Dr Eric Kwa and Speaker Job Pomat after finding no irregularities in Namah’s application.
The panel of judges found that Namah’s application was compliant with the rules.
The objection to competency applications was on the ground that Namah’s application failed to state the relief for which he was contending and was therefore non-compliant with the Supreme Court rules.
Justice Sir Gibbs, on behalf of the judges, said: “We have no difficulty with the interveners’ contention that strict compliance with the Supreme Court rules is necessary.
“And that if an application is non-compliant with the rules, this is a matter that goes to competency of the application.
“The principle of strict compliance with the rules has been developed in the context of the filing of special references under Section 19 of the Constitution.”
Justice Sir Gibbs said the bench upheld submissions from lawyers Peter Kuman representing Dr Kwa and Loani Henao representing Pomat that to comply with the court rules and to be competent, a Section 18 (1) application must under Order 4 state the answer or interpretation (of the constitutional provisions the subject of the application) and relief for which the applicant contends.
However, the judges also upheld submissions by Namah’s lawyer Greg Sheppard.
Sheppard submitted that the application did “seek declarations as to the unconstitutionality of the 2021 national budget and decisions of the Parliament and the Speaker (Pomat) regarding a motion of no confidence in the prime minister”.
The bench said the application sought four declarations.
Justice Sir Gibbs said “a declaration in Papua New Guinea is a form of relief commonly sought in many proceedings in the original jurisdiction of the National Court and the Supreme Court”.
“There is no doubt about this,” he said.
“It was suggested in submissions for the interveners that simply seeking a declaration without seeking consequential relief does not meet the requirements of the rules.
“We reject the submissions.
“(Namah) is seeking declarations,” Justice Sir Gibbs said.
“That is the relief for which he is contending.
“The application is compliant with the rules.
“It meets the standard of strict compliance required.
“The jurisdiction of the court has been properly invoked.
“Both objections to competency are therefore refused.”

Comments

Post a Comment

Popular posts from this blog

Growing unemployment rate in Papua New Guinea

Image
News that matter in Papua New Guinea Growing unemployment rate in Papua New Guinea (Employment stagnant since 2014) PORT MORESBY: Employment in Papua New Guinea (PNG) has remained stagnant since 2014 with millions of unemployed looking for jobs. The formal job market currently can only accommodate between 400,000 and 500,000, Institute of National Affairs executive director Paul Barker says. “As more young people enter the job market this year after graduating from tertiary institutions and schools, the chances of securing formal employment is slim. “Employment had remained stagnant despite the increase in potential workers coming out of educations institutions,” he added. Read on for more details as published by The National : Hard to get jobs January 27, 2022 The National Main Stories By DALE LUMA MILLIONS of eligible workers around the country are looking for jobs in the formal sector, which currently can ...
Read more

Sugu Valley tribal war death toll rises to at least 30

Image
News that matters in Papua New Guinea Armed tribal warriors on the move in Sugu Valley. Sugu Valley tribal war death toll rises to at least 30 PORT MORESBY: At least six tribes have been fighting in Sugu Valley (Kagua-Erave, Southern Highlands) since Feb 10, 2019, without any signs of an end and peace. In fact, the death toll has risen to at least 30, up from 11 on May 23, 2019, and the opening of a new battlefront in Sumbura near Poroma with multiple deaths reported in 24 wards. Armed tribal warriors on the march into the forests and jungles. PNG Cyber Monitor had on a May 25, 2019, posting ( https://pngcybermonitor.blogspot.com/2019/05/real-life-rifles-bows-and-arrows-bloody.html Real life rifles, bows and arrows bloody fights in PNG ) highlighted the bloody battle waged by tribal warriors armed with rifles, bows and arrows and knives. PNG Cyber Monitor is again highlighting the plight of the villagers who have been living in fear as reported by The Nationa...
Read more

Sorcery shame for Papua New Guinea in X’mas

Image
News that matter in Papua New Guinea Sorcery tortures and violence are still being practised in Papua New Guinea in this 21st Century digital era. Sorcery shame for Papua New Guinea in X’mas PORT MORESBY: It was international shame for Papua New Guinea (PNG) this Christmas when sorcery reared its ugly head. Six women were stripped, bound to poles and burnt with hot knives as they screamed in pain, watched by an unsympathetic crowd. In a video that has gone viral in the internet, the women were accused of practising sorcery in Southern’s Enga. Police Comm David Manning described the sorcery torture as vile, inhumane, uncivilised, void of any human decency. “Papua New Guinea cannot progress without letting go of these horrific traditional beliefs. We have launched an urgent probe into the incident in Aiya’s Pawayamo village in Kagua-Erave.” The news break was published by The National : Horror torture of women Decem...
Read more