Opposition VONC special reference dismissed

A majority number of judges at the Supreme Court have upheld the objection to competency of the Supreme Court reference filed by the Opposition

This application by the opposition wants the high court to intervene and among the orders have Parliament recalled to entertain a vote of no confidence.

The applicant filed an application in the Supreme Court under section 18 [1] of the constitution seeking declarations and orders as to interpretation and application of provisions of the constitution regarding a notice of motion of no confidence in the Prime Minister that he submitted to the Speaker of Parliament on 29th May 2024, which was not cleared by the Private Business Committee for tabling; Instead the parliament on 5th of June, 2024 adjourned to Sept 3rd.

But Justice Minister and Attorney General Pila Niningi has successfully disputed the application raising seven grounds saying it was incompetent.

The ruling today was a good one for a smiling Pila Niningi, the Attorney General.

One could see it from his beaming smile and he admitted this is the happiest day he is facing the media.

The judges Sir Gibbs Salika, David Cannings, Les Gavara-Nanu, and Panuel Mogish upheld two of the seven grounds raised by the lawyers for the attorney general.

Only Justice Derek Hartshorn dissented and so majority rules and the Supreme Court reference is dismissed with costs to the opposition

The decision read by Sir Gibs Salika for twenty minutes fairly much ruled that breaches of parliamentary standing orders are non-justiciable-meaning courts cannot interfere as they are not constitutional matters.

The jurisdiction of the court should be invoked properly and that extends their other point that a procedure in Parliament breached should be pleaded well with a constitution

Justice Les Gavara Nanu in some additional points said the opposition failed to plead and deposed matters of facts on the constitution or responding to grounds of objection

They relied heavily on the previous case of Don Polye and Theo Zurenoc . He said each case must be based on its own merits.

Outside of court a relieved Attorney General said they have to go back to Parliament and test the numbers

The opposition leader Douglas Tomuriesa they respect and accept the Supreme Court’s decision, but their mission is not over

“Despite the court’s decision our lawyers have argued our case. We respect the court’s decision and look forward to the September 3rd sitting. VONC is not dead, it is still alive and we the opposition are thinking positively,” Tomuriesa said.