Speaker and Attorney General urged to halt constitutional amendment

Paul Mawa of Mawa Lawyers, representing Elimbari Rural Local-Level Government, has formally urged the Speaker of the National Parliament, Job Pomat, to halt any moves to proceed with the third reading and second vote on the proposed constitutional amendment to Section 145.

Mawa is acting on behalf of Elimbari LLG in the Chauve District.

"As the Member for Chuave I remain committed, answerable, and accountable to the people of Chuave for defending their mandate and upholding the Constitution. I cannot be the only MP who feels the proposed section 145 amendments are sacrilege", Member for Chauve James Nomane said.

As Parliament reconvenes today, Mawa Lawyers has issued a formal warning to both the Speaker and the Attorney General regarding the potential amendment to Section 145 of the Constitution, cautioning that it may be considered sub judice.

The proposed amendment seeks to impose an 18-month waiting period on motions of no confidence in the Prime Minister following a failed attempt.

However, Mawa Lawyers argues that this proposal is similar to previous amendments rejected by the Supreme Court in the Namah v O'Neill case, which imposed a 30-month restriction on such motions.

The legal firm warns that proceeding with the vote while the proposed amendment is under judicial review would undermine the rule of law and interfere unlawfully with the judicial process.

Mawa Lawyers reminded the Speaker of his constitutional duties under Section 108, stressing the importance of impartiality and respect for the judicial process.

Should the Speaker proceed without heeding this advice, Mawa Lawyers, on behalf of their client, intends to pursue further legal action against the Speaker’s conduct.