Somare exploits loop hole in Law and is still PM - Provision for automatic suspension pending hearing applies only to Ministers

South Pacific Post

PRIME Ministers cannot be automatically suspended from office if they are referred to a Leadership Tribunal.
This is because the provision for automatic suspension pending hearings applies only to Ministers.
Detailing the distinction is the Constitution itself under Sections 142(6) and 144(3) respectively.

This was the explanation by the Prime Minister, Sir Michael Somare’s, Chief of Staff, Paul Bengo.
Mr Bengo has taken out a public advertisement detailing the matter following continuous public debates and commentaries regarding Sir Michael’s referral by the Public Prosecutor to the Chief Justice to convene a tribunal to hear misconduct in office charges against him.

In the same advertisement Mr Bengo also explained that Sir Michael’s absence from office following the referral last December was to take advantage of outstanding accrued leave, of which all Members of Parliament were entitled four weeks annually.

He said this provision was contained under a Salaries and Remuneration Committee determination.
Mr Bengo explained that the Prime Minister was appointed by Parliament under Section 142(2) & (3) and could also be dismissed or suspended from office under Section 142(5) & (6) of the Constitution.
However, he said Section 142(6)(a) had a specific application to the circumstances of the Prime Minister’s case.

He quoted Section 142(6) saying: “A Minister, other than the Prime Minister, may be suspended from office in accordance with an Organic Law made for the purposes of Section 28(2) (further provisions).”
“There is a clear distinction made within the Constitution on the suspension of a Prime Minister and all other Ministers,” Mr Bengo said.

He said under Section 142(6): “The Prime Minister, may be, suspended from office, by the Tribunal appointed under the Organic Law, pending an investigation into a question of misconduct in office and any resultant action.”

He said Organic Law envisaged here was the Organic Law on the Duties and Responsibilities of Leadership.
Mr Bengo said the question of suspension of the Prime Minister was vested in the tribunal and secondly that power “is discretionary” because of the use of the words “may be.”

“If the tribunal is to be asked to invoke that discretion then the responsibility to do so rests with the Public Prosecutor,” he said. He said the Prime Minister may then choose to consent or oppose the application.
“There are substantial grounds by which he may choose to oppose such an application, if made,” he said,

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