Is Peter Donigi pilling up rubbish?
Come on Peter, really??? Is that the best you can do??? If so, who has paid you and how much Peter Donigi...pronounced Doo-nigi in Arapesh!
Thank you for regurgitating Constitutional provisions that we common men on the street have since had ourselves well acquainted with.
You are to be admired for putting your opinions. That shows you have courage. But your courage is unfortunately misplaced. Your whole theory and thesis collapses and comes crumbling down on your self because you miss the most fundamental issue that is staring at you in the face.
You are assuming what Parliament has done over the course of the first Nape led coup (in declaring a vacancy in office and installing Peter O'Neill as PM) is Constitutionally in order. On the basis of that assumption then, you seek to validate everything 'Parliament' has done since.
Whose power and what power does Parliament exercise Peter Doonigi, my Arapesh brother? Answer me in reference to the Constitution? Peter Neill's power? Jeffrey Nape's power?
No, it is the peoples Legislative Power isn't it? [Similarly the Executive Government exercises the peoples executive power, and the same with Judicial Power of the people being exercised through the Judiciary and the National Justice System, correct Doonigi?
If you have doubts go look at your Constitution. [ I know this is a bit painful but, please bear with me, the punchline will amaze you no end, I promise].
When do the people get to exercise their power in our democracy? Exactimo! Ten out of ten to you Doonigi! At the General Elections of course- and I note you are preparing yourself to go to get the blessing of the people for you to exercise this power. [ I wish you and your Party well].
It is the mandate of the people that gives a government its legitimacy to exercise the legislative and executive power of the people. Nothing else.
By law, it was the National Alliance led coalition who won the mandate of the people at the polls to form government, and by that process Michael Thomas Somare was the mandated Prime Minister. He had the mandate to be Prime Minister, no one else. His government/cabinet had the power to exercise executive power of the people, no one else. [ Now I really don't care if it was Kanage or Joe Bloggs who was Prime Minister. It is the democratic process under our Constitution that installed Somare. That must be borne in mind].
Having said that, the Constitution does provide for mechanism for change of government through the Vote of No Confidence. However, 18 months before issue of writs one cannot have a vote of No Confidence. That is what the Constitution says, does it not Peter? [I note you haven't touched on that]. What Peter O'Neill and Nape did was nothing more or less than a Vote of No Confidence in Somare as PM in circumstances where one is not allowed by the Constitution.
The question pending for determination by the Supreme Court was in effect whether there was in fact a vacation of the mandate of the people in Somare as Prime Minister (and implicitly his executive government to lead the nation in Cabinet as well as on the floor of Parliament).
That being the case, all the masquerading by Peter O'Neill, Belden Namah & Co in attempting to sack the Chief Justice, parading themselves as the executive government and the legislature is all unconstitutional and illegal. The whole of Peter O'Neill and Belden Namah's Cabinet/Government do not have the mandate of the people to lead this country as a legitimate government. The whole of the O'Neill Cabinet, including Peter O'Neill (who was not there but who gave the instructions) to sack the Chief Justice are in contempt of the Supreme Court . There is no two ways about it. They should all join Marat and Namah before the Supreme Court.
This is the opinion and the truth about this illegal usurpation of power that no one want to hear. But Papua New Guinea, wake up! You are going to elections in a few months time, but to do what? To elect a party/government to Parliament. What gives that party/government legitimacy is your mandate.
Peter O'Neill and Jeffrey Nape have used force to prostitute the mandate of the people. They have wrestled power illegitimately, and they are wielding illegitimate power. Parliament itself is just a building [that has not been maintained by Nape because he has been stealing all the money-every one knows that]. It is the exercise of power by a mandated process that gives Parliament its legitimacy, not the hi-jacking and skull drudgery we observe from O'Neill/Namah/Nape.
Lawyers writing about Constitutional Law must bear in mind and explain it carefully to our people, where it derives its force , legitimacy and life from. It derives its force and life from the people and the people and all instituions and leaders abiding by it.
When you have lawyers who write for the sake of writing, they will lead the nation astray, as we saw Donigi doing with that Resources Law Bill.
By the way Donigi, the rubbish at Kanudi Beach keeps piling up, what are you and Mike Wilson doing about it?
Having said that sorry Peter the punch line is very simple: Democracy is about government by the people and for the people. The Constitution recognises this by stating all power and legitimacy is derived from the people. You have to trace and uphold the mandate of the people in a causative way when two Prime Ministers are contending for legitimacy. That is the only legitimate way to define who exercises the power of the people who is not.
Trying to barge in and seek to Constitutionally interpret events is nonsensical in my simple mind. It seeks to mislead the people. You apply my rule all the time, and every time, and you will know who is a legitimate government and who is not. The Court was correct to make the ruling it did to do Justice in the Circumstances that power to do so. o would not be doing justice, and indeed it is the Supreme Court of Justice, not injustice.
The whole of the O'Neill Cabinet should be up for Contempt of Court (for sacking the Chief Justice)but we have fools for lawyers advising Somare and they dont know how to make a simple
application. That is their problem.
I note that long time Ausaid paid Consultant to Bougainville and ANU Academic Dr Tony Reagan has also been commentating on this issue too. Well we know what line the Australian government is taking, don't we? Still, like Doonigi, they are dealing with events in the middle. They have to address this issue forensically, like a fine surgeon and follow every vein to the heart of the issue. It is there they will find, the people, and their mandate.
By the way Peter, the puncline was about the plastic bags on Kanudi beach.
ONECOUNTRY
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