Supreme Court denies O’Neill’s bid to stop 11th Parliament sitting, but rules there were grounds to proceed with the hearing

News that matter in Papua New Guinea


Supreme Court denies O’Neill’s bid to stop 11th Parliament sitting, but rules there were grounds to proceed with the hearing

PORT MORESBY: The Supreme Court has denied former prime minister Peter O’Neill’s application to half the maiden sitting of the 11th Parliament tomorrow (Aug 9, 2022).

However Justice Collin Makail said O’Neill’s application was filed under Section 18(1) of the Constitution which required a full Supreme Court hearing.

Chief Justice Sir Gibbs Salika will have to appoint the bench members,

O’Neill, the Ialibu-Pangia MP, is seeking the court’s interpretation of the reconvening of the Parliament today (Aug 9, 2022), following the return of 85 of the 118 General Election 2022 (GE22) writs to Government House on Friday (Aug 5, 2022).

Details of the court proceedings were reported by The National:

‘Court, parlt run apart’

August 9, 2022The NationalMain Stories

By CLARISSA MOI
SUPREME Court judge Justice Collin Makail says Parliament has its own programme to run while the court has its own programme.
He made the remark yesterday in the Waigani Supreme Court during the case filed by Ialibu-Pangia MP Peter seeking an interpretation of the reconvening of the Parliament today, following the return of 85 of the 118 writs to Government House last Friday for the General Election 2022 (GE22).
Justice Makail said O’Neill’s application was filed under Section 18(1) of the Constitution which required a full Supreme Court hearing.
Chief Justice Sir Gibbs Salika will have to appoint the bench members. O’Neill also asked the court to rule whether the Organic Law on National and Local Level Government Elections allowed the return of writs to be fixed for Friday (Aug 5).
He also sought the court’s interpretation on whether:

  • ELECTIONS in electorates where no candidate has been elected by 4pm last Friday be deemed to have failed;
  • THE electoral commissioner has the power to extend the deadline for the writs to be retuned beyond (last Friday); and,
  • IT is inconsistent with Section 50 of the Constitution for the Electoral Commission not to cause the date for the return of the writs to be further extended to permit the outstanding writs to be returned.

Justice Makail asked why the matter was so urgent that it had to be heard yesterday.
“Will Parliament convene tomorrow (today)?” he said.
“And if it does, it’s beyond our control.”
O’Neill’s lawyer George Kult said the matter was urgent because Parliament was likely to sit today.
Solicitor-General Tauvasa Tanuvasa agreed that Parliament was likely to sit today.
Justice Makail said he was getting the impression “that this application was prompted by current situation”.
“In some places, writs have not been returned,” he said.
“O’Neill’s application concerns the rights of citizens and voters.
Lawyer David Dotaona said the People’s National Congress Party was an interested party to intervene.
Electoral Commissioner Simon Sinai’s lawyer Joppo Simbala also confirmed that Sinai would file an application to intervene.
Justice Makail said to avoid inconveniences, the court would give time for leave applications from interested parties to be filed, served and heard.
“Once we sort the applications to intervene, then we move on to the issue of standing. Just like how court runs its programme, Parliament will run its programme,” he added.
The court will today hear applications to intervene in the case from various interested parties.

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