Supreme Court to interpret separation of powers following VoNC outcome
Following the unsuccessful Vote of No Confidence against Prime Minister James Marape, the Government has moved to seek the Supreme Court's interpretation on key constitutional matters regarding the separation of powers.
Leader of Government Business, Peter Tsiamalili Jr, introduced a motion in Parliament for the House to formally apply to the Supreme Court for clarification on several constitutional provisions. The motion aims to address ongoing questions surrounding the powers of the judiciary and the internal workings of Parliament.
The proposed questions to the Supreme Court include:
- The powers of the Supreme Court to recall Parliament under Sections 124 and 11 of the Constitution and the Organic Law on the Calling of Meetings of Parliament.
- The principles of separation of powers, non-justiciability of parliamentary proceedings, and parliamentary privilege under Sections 99, 134, and 115.
- The procedures and standing orders surrounding a Vote of No Confidence under Sections 145, 133, and 111.
- Any other related constitutional issues.
Prime Minister Marape had earlier indicated that if he survived the Vote of No Confidence, his government would pursue legal clarification on the boundaries of judicial intervention in parliamentary matters.
“After the Vote of No Confidence, and if I still remain as Prime Minister, we will go back to court and really look at the boundaries of Parliament and the boundaries of the Court,” Marape said in reference to the Supreme Court’s decision to recall Parliament two weeks ago.
Today, Prime Minister Marape retained his position, securing the support of 89 Members of Parliament.