THE SPEAKER, Prime Minister and the Governor General have been named in a Constitutional challenge that could result in the National General Elections being held this year.
The legal suit challenging the Constitution (Amendment) Bill 2022 was filed in the High Court earlier this week. It claimed the passage last September of the Bill, which extended the life of Parliament by seven months, contravened section 61(3) of Constitution.
Its passage resulted in extending the life of Parliament from four to five years.
The Leader of the Independent Group in Parliament, John Dean Kuku, mounted the landmark case, challenging the legality and constitutionality of the Bill. The challenge was filed in the High Court in Honiara on Monday 26June 2023.
Barrister and Solicitor, Billy Titiulu who represents MP Kuku MP, filed the claim on Monday afternoon.
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 told in the submission:
“You have been served with a claim in the proceedings. You are the defendants. This claim is made against you personally or as the representative of the Defendant.”
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 15May 2023 pursuant to Section 50 (a) of the Constitution.
It further argues that all proceedings by Parliament after May 15, 2023 including the passage of any Bills and Motions, are null and void.”
The submission also seeks a Proclamation by the Third Defendant (Governor General) that the National General Elections be held this year pursuant to Section 74 of the Constitution.
The High Court is due to set the date for hearing the case to be heard shortly.
By Alfred Sasako
