Parkop is wrong and misleading the public on Law, Practise and Precedents

Powes Parkop was my Lawyer and represented my people in a claim against the government in the past, and I had faith and trust in him. Today, and after reading his repeated article on the Papers, Iam convinced he has departed from the path of truth that I found him on when he was a young lawyer. I suppose money and political power do leave their corruptive and corrosive strains on a man's seat of intelligence, and I might just begin to believe some of the rumors of the City Hall making the rounds.

That aside, I firmly believe Parkop is actively seeking to mis-lead the public and thereby falls in contempt of the express Court Orders of the Supreme Court made last December on the Reference by the East Sepik Provincial Government. If Luksave's comment is true of Marat filing a Reference in the same Court to justify ONeill-Namah's legitimacy, then Parkop is in deeper  Conempt of the Supreme Court by deliberately and scandalously seeking to 'yoke' the Supreme Court, and of seeking to 'condition' it toward a particular outcome prior to filing the reference.

Such is the length and breadth of criminal minds in seeking to condition the minds of the Judges through the daily papers- a sinister act of contempt of Court!

Let me now turn to Parkops main arguments which are two fold ( and sorry if I dont use legal language because I am an observe on the streets and from the side lines):

1. That the Supreme Court exceeded its powers in its decision in stating Somare was the Prime Minister.

2. The subsequent laws passed by Parliament were legitimate  exercise of Parliaments legislative power, therefore  Somare is not the PM as he was removed by law.

Firstly let me state that Powes parkop is not treating the people of PNG with any respect and is not crediting us on the streets and villages with any intelligence. He is treating us like plebs and telling us this is the law, when it is not the case. It is not the case because we know something is wrong deep within our waters, but cannot find the reasons or the words to string precedents and sections of the Constitution together to give due utterance to our consciences, that small inner voice that is saying, Parkop is wrong.

Two weeks ago in a separate article I spoke about the illegetimacy of the Oneill-Namah regime. Let me now recap on that because central to Parkops little thesis is the concept of  this government being legitimate.
I said Parliament is not supreme over the Constitution. Parliament is subject to the Constitution. The Constitution was not passed by parliament, but rather it is self executory, and declares itself to be Supreme. The fathers of the Constitution followed the well known path  of ...in the beginning there was God, deliberately to avoid this sort of confrontation by Parliament. What is the test of legitimacy of the Oneill- Namah and Nape  government's exercise of  legislative power in Parliament?

I have stated in the past that you have to trace the legislative and executive powers that Oneill/Namah/Nape exercise to their source. The Constitution says it is the peoples legislative power that is exercised in parliament and by parliament. On the door way to parliament building, is a direct quote of the Constitution recognizing that it is the people's legislative power that Parliament exercises, not Nape/Oneill or Namah's private power. Similarly the Constitution provides that it is the peoples executive power that is exercised by Cabinet and its Judicial Power exercised by the Judiciary. That is so because democracy and our Westminster system of government is about government by the people aand for the people, not government by the politician for the politicians as Mr Parkop and others appear to reason.

The question is when and do the people exercise this power that the Constitution talks about? The answer is at the polls. At the elections, the people exercise this power, that is the mandate to govern them. The last time the people exercised that power was at the last general elections wherein Somare ( or it could have been anybody) was installed as Prime Minister under a coalition to lead this nation and exercise the executive power of the people, and in parliament to sit as Government in the government benches to lead in exercise of the legislative power of the people. He performed in that capacity until the events of 2nd August 2011 when jeffrey Nape high-jacked the mandate of the people. This resulted in that Supreme Court reference by ESPG.

The question before the court simply speaking was whether what Nape did installing Oneill as PM was legitimate and whether the mandatory legal requirements of removing a PM for health reasons were  met by Nape/Oneill/Namah, to warrant the descecration of the mandate of the people.

The court ruled that the legal requirements were not met and that Somare is still the Prime Minister. The Court has no choice but to rule as such, partly because of the way the Reference was framed, but in reality it was called upon to determine whether Somare was of unsound mind or not, and his mandate as PM was lawfully terminated or not. It declared that it was not terminated. The Court was ruling on events of 2nd August 2011, and as such it was ruling that Somare's mandate continues as PM in an unbroken line.

The Speaker was obliged to make sitting arrangements and instal Somare in parliament from which the Speaker had earlier banished Somare, but he had other ideas. This is the crux of defiance of the rule of law, and illegitimacy is invited in through the front door of Parliament. Immediately the Speaker installs Oneill as executive and government in Parliament and began passing all these laws that Marat and Parkop are running around claiming legitimacy.

Well we know Parliament is not Supreme. It is subject to the Constitution. The Supreme Court is the protector of the Constitution and interpreted it on the 12th of December 2011, and yet Nape & Co decided to defy the Constitution.  Parliament with Oneill sitying in government ranks and acting as executive government in executing government business on the floor of Parliament is an illegitimate exercise of the people's power.

Somare has the mandate to sit in the Prime Ministers seat on the floor of Parliament, not whomsoever determined by the Speaker. The Speaker is subject to the Constitution and is elected by Parliament, he is not greater than Parliament. Yet it is he who has prostituted the mandate of the people that separates legitimate governments from illegitimate ones. Somare Cabinet was correct to advise the GG at that time. Today it exists like a government in exile, as defacto power is being exercised by ONeill.

That then determines the standing of all these laws that Parliament purportedly passed, deliberately aimed at getting rid of Somare. Those laws that passed to operate retrospectively are not only invalid on the basis of exercise of illegitimate power as outlined above, but they are otherwise constitutionally invalid. Section 41 of the Constitution says any law, although appears correct on the face of it, if it has an unreasonable, harsh, and oppressive effect, it is invalid.

The ONeill/Namah regime has no pwer or right to deny the mandate of the East Sepik people in their various contraptions of power in the form of shady questionable legislation such as those paraded through our living rooms by the likes of Parkop. These are arbitrary, harsh and oppressive conduct of an illegitimate government. The Court should give its proper ruling in time.

In conclusion, it is my view, and I make no apologies for it ( as someone who believes in the Constitution and the rule of law), that Oneill-Namah government is illegitimate, and any utterings by people like Parkop on what the law should be or what the court should have said, is utter rubbish. He had the opportunity to guide the Supreme Court in its 12 December 2011 ruling. After the Court rules, that is the law.

Marat also thinks Parkop is thinking and speaking utter rubbish, and Oneill and Namah are also not comfortable in the public eye on what they have done. Thats why they are back in Court trying to legitimize themselves.

Whichever way the Courts rule on the Reference by Marat will determine if this nation will be plunged into further chaos or the Constitution will be upheld.

OneCountry

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