Supreme Court: Legality of 11th Parliament sitting to be determined

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Supreme Court: Legality of 11th Parliament sitting to be determined

PORT MORESBY: The Supreme Court yesterday (Aug 9, 2022) upheld the National’s Court’s decision to reject Ialibu-Pangia MP Peter O’Neill’s application to stop the 11th Parliament’s maiden sitting.

A three-man panel of Justices Les-Gavara-Nanu, Collin Makail and Elenas Batari ruled that the sitting of Parliament had already begun and could not be stopped.

Justice Gavara-Nanu said whether or not the sitting was legal, would be dealt with in the substantive matter.

The court proceedings were reported by The National:

Supreme court rejects O’Neill’s application

Peter O’Neill

By CLARISSA MOI
THE Supreme Court rejected an application by Ialibu-Pangia MP Peter O’Neill to stop the first Parliament sitting yesterday, saying it would be dealt with in the substantive matter later.
The three-man panel of Justice Les Gavara-Nanu, Justice Collin Makail and Justice Ellenas Batari ruled that the sitting of Parliament had already begun and could not be stopped.
Justice Gavara-Nanu said whether or not the sitting was legal, would be dealt with in the substantive matter.
O’Neill moved an urgent application yesterday morning seeking an interpretation of the legality of the first Parliament sitting following the return of 106 writs from the General Election 2022 (GE22).
He wanted the sitting stopped, pending the determination of the substantive matter.
O’Neill’s lawyer Greg Sheppard submitted that the application was to seek an interpretation of several constitutional laws which raised issues of national importance related to the first sitting of the Parliament.
Solicitor-General Tauvasa Tanuvasa submitted that the process must be allowed to be completed.
He pointed out that the fifth anniversary of the last Parliament had lapsed and Parliament had to sit within the first seven days after the return of writs.
“The process is already taking place,” Tanuvasa said.
“People must be allowed, through their elected members, to then elect the Speaker and Prime Minister.
“To stay the Parliament sitting will lead to further breaches and (this application) must be refused.”
Meanwhile, the Attorney-General, the O’Neill-led People’s National Congress Party and the Pangu Pati have been allowed to intervene in the substantive matter.
Justice Collin Makail, presiding as a single judge of the Supreme Court, refused Moresby North-East candidate Jeffery Kaki’s application to intervene because he lacked standing.
O’Neill’s 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.

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