The High Court to hand down decision on the on strike out application for the strike out of the challenge to the controversial Constitution (Amendment) Bill 2022 this morning
THE Government will know today whether its application to strike out the challenge to its controversial Constitution (Amendment) Bill 2022 is successful.
Chief Justice Sir Albert Palmer will hand down his decision on the matter by 09:30am on a case, brought by the Leader of the Independent Group in Parliament who argued the passage of the Amendment fell short of the procedural process required under 61(3) of the Constitution.
Lawyers representing the main players in the case argued that the government has satisfied all the requirements and therefore sought the case be struck out.
Legal counsel on the government side included King’s Counsel (KC), Tim Matthews who represented the Speaker, Patteson Oti, the first defendant in the costly case. Others named in the case are Prime Minister Manasseh Sogavare (2nd Defendant) and Governor General, Sir David Vunagi as the third defendants.
The Office of the Leader of the Independent Group confirmed yesterday having received the notice about today’s proceedings.
It is understood the High Court has allocated 30 minutes or half an hour for the Chief Justice to announce his ruling.
Sir Albert has a number of options, including but not limited to dismissing the strike out application in which case there is potential for a full trial.
Today’s hearing is the third time for the case to come before the High Court. The first hearing was on 27th July, the second was on 31st August when lawyers argued for and against the Constitution (Amendment) Bill 2022.
Depending on the outcome, the ruling could also remove doubts as to whether the High Court has jurisdictions to hear a matter or matters arising from the proceedings of Parliament.
Former Attorney General Billy Titiulu represented the Leader of the Independent Group in Parliament Dean Kuku.
By Alfred Sasako
