SIDP to appeal ruling
SOLOMON Islands Democratic Party (SIDP) says it will appeal a High Court ruling rejecting its challenge of certain provisions of the Political Parties Integrity Act.
Chief Justice Sir Albert Palmer delivered his ruling on the case last Friday.
The party’s lawyer Gabriel Suri told the Solomon Star last night he has been instructed to study the judgement for purposes of making an appeal.
“It is possible that an appeal could be considered on the basis that his Lordship erred in his generous and liberal interpretation of section 13 of the Constitution to justify passage of the Political Parties Act,” Mr Suri said.
“We will argue on appeal that his Lordship should interpret the Constitution strictly, and not liberally and generously.
“The kind of interpretation made by his Lordship is like re-enactment of the constitutional provision by Court, which is the function of the Parliament and not the Court,” he added.
SIDP had refused to register under the Political Party Integrity Act.
The Act, passed in parliament earlier this year, requires political parties contesting the 2014 national elections to register in order for them to be recognised.
However, SIDP argued certain provisions in the Act are unconstitutional and infringes on the rights of its members to participate freely in the elections.
But Chief Justice Sir Albert rejected the assertions in his ruling yesterday.
Meanwhile, in a statement SIDP issued after the ruling, it said:
“As a result of the decision of the High Court, the Executive wish to advise its members, who are at moment contesting as Independent Candidates that:
- The Political Parties Integrity (PPI) Act did not violate our freedom to associate as guaranteed by the constitution. It, therefore, means that our freedom of association as members of unregistered political party is preserved.
- The High Court has confirmed that an unregistered party cannot select or endorse a party candidate; therefore, you are to continue contesting as Independent candidates of an unregistered political party.
- The High Court has clarified that SIDP is not prohibited from carrying out campaigns, promotions, advocacy or fundraising as a party at this National General Election because SIDP does not fall within the meaning of the words, “non-contesting party” as defined in the Act.
- The High Court has also clarified that membership in political parties is not confined to registered voters only. It, therefore, means that even unregistered voters can become members of political parties.
- The High Court has also clarified that unregistered party cannot sign a coalition agreement with a registered party as prescribed by the Act. This ruling does not stop SIDP from forming coalition with other unregistered parties or other independent MPs under a simple MOU or an agreement that is not same as the agreement prescribed by the Act.”
By Assumpta Buchanan
