Constitutional crisis in PNG

OUSTED Attorney General and Justice Minister Sir Arnold Amet says there’s a constitutional crisis in the country created by Tuesday’s overthrow of the Somare-Abal government. He said the actions of the Speaker and the Opposition, in collusion, in circumventing and corrupting legitimate constitutional process on Tuesday when Peter O’Neill was elected Prime Minister resulted in the crisis.

In a statement, Sir Arnold said the purported vote to support the motion to declare a vacancy in the office of Prime Minister and to appoint a new Prime Minister was fundamentally wrong in constitutional law.

“There is no constitutional provision to support such a motion and vote to declare a vacancy in the office of Prime Minister. There is no inherent power in the Parliament to vote to support such a motion. There is no power in the Parliament to, by such a vote declare arbitrarily that there is a vacancy in the office of Prime Minister, by the fact of sheer numerical strength.

“A very important and fundamental constitutional fact in our constitutional democracy that was deliberately circumvented is that there was and is today “No Vacancy” by constitutional law in the office of Prime Minister,” he said.

He said Prime Minister Grand Chief Sir Michael Somare was granted a valid leave of absence on medical grounds in the May 2011 session of Parliament, under the Standing Orders of Parliament, which is still valid today. A valid vacancy in the office of Prime Minister can only exist by operation of express provisions of the Constitution. It cannot be arbitrarily declared by a vote on a motion by Parliament.

The specific provisions of the Constitution laws that can result in a vacancy are:

1. Under Section 142 (5) where the PM is:

(a) Dismissed from office by a successful vote of no confidence under Sect. 145.(except in the last 12 months of the term of Parliament – 145(2)(b);

(b) Dismissed from office under the Leadership code;

(c) Removed by a decision of the Parliament on medical grounds. (this process of medical examination has been put into motion – also pursuant to Sect 6 of PM & NEC Act 2002). 2. Resigns from office – pursuant to Section 146(1).

3. Pursuant to Section 104(2)(d) if PM is absent, without leave of the Parliament during the whole of three consecutive meetings of the Parliament. (Leave was granted to the PM in the May 2011 meeting of Parliament) .

2. Dies in office – pursuant to Section 104(2)(g).

He said “the process of medical examination of the Prime Minister pursuant to Section 142(5)(c) and Section 6 of the Prime Minister and NEC Act 2002 has been put into motion or invoked.

“The NEC made the decision last Friday and this Monday we advised the Head of State to request the PNG Medical Board to appoint two specialist doctors to examine the Prime Minister and report back to him within 28 days. These are the only specific provisions and circumstances under the Constitution pursuant to which a vacancy arises. The Parliament cannot purport to exercise any inherent power it does not have explicitly provided in the Constitution, to move a motion and vote on it to declare a vacancy, when none of these preconditions exist or are established.

“Consequently, the motion and vote to declare a vacancy and to vote to appoint a Prime Minister is unconstitutional and invalid. “There was no vacancy in the office of Prime Minister to move and vote on a motion to elect a new Prime Minister.”

-South Pacific Post