THE High Court of Solomon Islands had been asked through a filed application seeking legal clarification as to whether or not the no confidence motion against Prime Minister Manasseh Sogavare, to be moved in Parliament this Friday by the Leader of Opposition, Jeremiah Manele is illegal or not.
Speaker of Parliament Ajilon Nasiu had scheduled the no confidence motion to be moved by the Opposition Leader, Mr Manele in Parliament this Friday.
But in the latest twist of events, Private Lawyer acting as legal advisor to the Coalition Political Parties who have affiliated to form the Democratic Coalition for Change Government DCCG, Mr Charles Ashley had filed a case to the High Court seeking judicial review of the motion.
Mr. Ashley wants the High Court to determine whether the course of action taken by the resigned Ministers was in breached of the Political Parties Integrity Act (PPIA) or not.
Mr Ashley had sort the courts legal clarification on whether the resignation by the Ministers who are members of the three political parties, namely the United Democratic Party (UDP) Kandere Party and the People’s Alliance Party whom have signed a coalition agreement with the DCCG was in breached of PPIA if they did so without the consent of their respective parties.
Mr. Ashley said, the following respondents were served notice to appear at the High Court for the hearing of the case he filed.
The Speaker of Parliament, as the first respondent, Leader of Opposition as second respondent and the former Deputy Prime Minister, Douglas Ete as the third respondent.
Mr. Ashley explained that the application sort legal clarification as to whether non resignation by the former Ministers from their respective political parties before defecting from the DCCG could be in breached of the PPI Act thus making it illegal the no confidence motion the Opposition Leader wants to move against Prime Minister Sogavare.
Mr Ashley further stated that in his view the PPI Act does not give power to individual members who resigned from the government the qualification right to regroup and form a coalition without first resigning from their original Political Parties.
Mr Ashley said he is of the view that should individual members want to resign from their assigned portfolios, they must firstly give notice of their intension to their own political party before withdrawal.
Mr Ashley concluded that in his opinion he thinks the Speaker of Parliament failed to cross-examine as part of his check-list to ensure whether the lodged no confidence motion by the Leader Opposition intended to be tabled i n Parliament this Friday had been done in full compliance with the requirements of the law.
By AATAI JOHN
