High Court commences hearing of case challenging the extension of the term of the 11th Parliament, Defence counsel tells the court of his intention for a strike out
THE High Court case challenging the constitutionality of the Constitution (Amendment) Bill 2022 is to return to court on 31st August, Chief Justice Sir Albert Palmer ruled, Thursday.
It took less than half an hour to decide the matter before a packed Court Room 1 in the High Court in Honiara. There was only standing room as members of the public, anxious to hear the outcome, packed the room.
Wilson Rano, Counsel for the Speaker, told the Court of his intention to apply for a strike out. Solicitor General Banuve also informed the court to apply for a strike out.
He is representing Prime Minister Manasseh Sogavare and Governor General, Sir David Vunagi in what is clearly a test case and the first of its kind.
Former Attorney General, Billy Titiulu, represented the Leader of the Independent Group in Parliament, Dean Kuku, who challenged the matter in Court. Hon Kuku left the court without saying anything to the waiting media in front of the High Court.
Chief Justice Palmer told the counsels that “time is of the essence” before he settled on 31st August when the matter returns to court.
This means the counsel for the Government would furnish new sworn statements on behalf of their clients.
Outside court, Mr Titiulu told the crowd he was confident the matter would be given a fair hearing.
Earlier, there were rumours Honiara was facing a lockdown. Things, however, turned out to be normal although the size of the crowd, indicated there was something in the air.
Members of the public harbour the view that if the case was thrown out, it was because the ruling government and the judiciary are one and the same in the case.
Some were expecting a King’s Counsel (KC) to take the case as such representation would remove public perception of bias.
The Constitution (Amendment) Bill 2022 alters the Constitution under section 61 and (iv) of the Constitution to suspend the operation of section 73(3) of the Constitution and dissolve the eleventh Parliament on 31 December 2023 and that immediately after the dissolution of the eleventh Parliament, the suspension of the operation of section 73(3) terminates and section 73(3) has effect again.
Had it not been for this Bill, the 11th Parliament would have been dissolved in April this year for another National General Election.
By Alfred Sasako
