OUTCOME of today’s High Court decision on the case challenging the constitutionality of the Political Parties Integrity Act (PPIA) will not affect the national general elections.
Attorney General Billy Titiulu made the comments in an interview with the Solomon Star on Wednesday.
Mr Titiulu said whatever the outcome may be, it will not affect the election next week and also the formation of the government.
He said the Political Parties Integrity Act only acts as a process to guide the registration of Political Parties and will not influence the formation of the government since elected Members of Parliament are not prohibited under the Constitution to vote as independent MPs who they want to be their Prime Minister.
The clarification came following questions put forward to him whether the High Court decision today will have an impact on the bill.
Mr Titiulu said the validity of the Act will depend on what the High Court decides.
He said if the Court decides in favour of Mathew Wale’s group, the court might rule to say only certain sections of the Act are unconstitutional and or the whole Act is unconstitutional.
“I can’t make any decision here but only the court will do. But whatever the outcome, it will not affect the election and formation of the government,” Mr Titiulu said.
He added even if the court rules that the Bill is null and void, it will not stop the constitutional process of electing the PM.
Asked if only parties can form the government and elect their PM, Mr Titiulu explained the election on November 19 is to elect individual candidates and when they go into parliament, they become elected MPs.
“Voting of the PM is an individual vote done in a secret ballot and this Act does not stop any elected MP, who is a member of a political party or an independent MP, to vote for whichever candidate is chosen for the PM’s post.”
Mr Titiulu said this Act does not stop independent candidates from forming the government if they have the number and have chosen who to represent and lead them.
He said this Act is basically a political party registration Act to formalise the parties’ existence and their integrity.
Mr Titiulu further stressed that the rules that govern the election of the PM is totally different from the Political Parties Integrity Act.
The Act provides for the Registration, Administration, and Development of Political Parties, to promote integrity in their operations.
Solomon Islands Democratic Party (SIDP) is challenging section 45 of the Act that prohibits unregistered political parties from participating in an election, which the Act regards as unconstitutional.
SIDP argued that section 19 of the Act is also unconstitutional because it prohibits persons who have not registered as voters from forming or belonging to a Political Party.
In its High Court bid,SIDP seeks other reliefs to clarify its position that it has constitutional right to form coalition with other parties and independents or independent groups; and that it has constitutional right to campaign and raise funds for its election programmes.
The party said they have constitutional right to participate as a party at the November 19 elections, and that their right and freedom under the national Constitution cannot be suppressed by the provisions of the Political Parties Integrity Act 2014.
Chief Justice Sir Albert Palmer, who presided over the case Monday, will deliver his ruling on Friday.
By DANIEL NAMOSUAIA
