THE Chief Justice Sir Albert Palmer will hear the Constitutional challenge in which the Speaker, Prime Minister and Governor General were named as defendants, the Office of the Independent Group of MPs, has confirmed
The landmark case is listed to be heard at the High Court in Honiara on 27July, an office spokesman told Solomon Star yesterday. Its outcome would decide when the National General Election would be held.
The legal suit challenging the Constitution (Amendment) Bill 2022 was filed in the High Court on Monday, claiming its passage last September contravened section 61(3) of Constitution.
Its passage resulted in extending the life of Parliament by seven months.
The Leader of the Independent Group in Parliament, John Dean Kuku, mounted the landmark case, challenging the legality and constitutionality of the Bill.
Barrister and Solicitor, Billy Titiulu, who represents MP Kuku, filed the claim.
Named in the challenge are the Speaker of the National Parliament, Sir Patteson Oti as First defendant, Prime Minister, Manasseh Sogavare, as Second defendant and the Governor General, Sir David Vunagi, as Third defendant in the case.
They were expected to be served the notices yesterday.
MP Kuku is asking the Court to provide answers to two questions – questions determining two separate readings and voting as required under section 61(3) of the Constitution, according to the Court documents.
Question 1 – Whether or not two separate readings required of Parliament to alter a provision of the Constitution under Section 61(3) of the Constitution requires two separate readings of the Constitution (Amendment) Bill 2022 at the Third reading;
and
Question 2 – Whether or not the act of final voting required of Parliament under Section 61(3) of the Constitution for the valid and lawful passage of the Constitution (Amendment) Bill 2022 can only take place at the Third Reading.
Accordingly, it is seeking declaration by the Court that the passage of the Constitution (Amendment) Bill 2022 on 8September 2022 “contravened Section 61(3) of the Constitution and is therefore unconstitutional, invalid and of no effect.”
The lengthy and water-tight submission also argues that on the basis of Questions 1 & 2, Parliament dissolved on May 15, 2023 in accordance with Section 73(3) of the Constitution and all seats in the National Parliament of Solomon Islands were vacant as of 15 May 2023 pursuant to Section 50 (a) of the Constitution.”
By Alfred Sasako
