THE incoming legislation ‘Public Health Emergency Bill 2021’ has a serious issue with the separation of power which was stipulated under the Constitution.
Former Governor General and Statesman, Sir Nathaniel Waena told the Bills and Legislation Committee (BLC) on Friday.
Sir Nathaniel was called to appear before BLC as one of the important witnesses who have experience in governing system of our small democratic nation.
Generally Sir Nathaniel said here we are talking about division of power or division of governance power between all Ministers including the Prime Minister.
He said the constitution clearly stated the powers to govern, meaning Prime Minister has its power and the Ministers have theirs.
“And the Governor General has the special task of giving those powers upon the advice of the Prime Minister,” he added.
So Sir Nathaniel said it simply mean do not interfere into the jurisdiction of the other, we all have different powers to govern.
He further explained that the separation of powers between the three arms was spelt clearly in the constitution and when it comes down to the executive arm it deals with the same principle.
Because Ministers holds powers delegated to them by legal instruments including the constitution and other laws that come within their purview
“So here we are talking about the Prime Minister as leader of a government giving powers by virtue of the ministers that vested upon them by GG by appointment
“By looking at the way this bill is set out it seems that the Prime Minister also wants to step in the Ministry of Health, No the Minister for Health is there and the Cabinet is also there,” he explained.
He further expressed that the constitution is very clear which states that the power must be given to the minister for health.
It was understood that now there this body called the National Health Emergency Council (NHEC) which answerable primarily to the minister because it’s the portfolio subject of the minister.
The NHEC is a body that the minister for health can be accountable to and also work through them to the Cabinet and to the Parliament.
Sir Nathaniel said that if we are go to go by the provisions of the constitution it’s very clear about the separation of power to govern.
“This draft bill compared with the constitution does not harmonised, because the essence of the constitutionality of this law can be questioned,” he told BLC.
