2021 Budget is illegal with insufficient numbers

by BELDEN NORMAN NAMAH

The legal requirements that would have enabled the passage of the 2021 National 57—    Budget in a single day were not met, this means the attempt by James Marape to hijack Parliamentary process to try and avoid a vote of No Confidence has failed

The Opposition has received independent legal advice that adds to the growing Iist of irregularities around the purported parliamentary budget session on Tuesday. 1r November 2020

This advice has confirmed that while the government still had up to 50 MPs a week ago. this was not the required minimum of 56 Members. that is required to Suspend Standing Orders and have the Second and Third Readings of the Budget Bills on the same day and then pass the Budget into law There was never at any time 56 Members on the floor of Parliament on Tuesday

Mr. Namah said. 'irrespective of the current Supreme Court Application on Parliamentary sitting dates, there can be no escaping the fact that the passage of the 2021 National Budget was in breach of legislative procedures and the Speaker must be held fully responsible for his failure to follow Parliamentary process

ln the past week we have seen the Deputy Speaker publicly reprimanded and embarrassed by the Speaker.' he said
But it is the Speaker that should be publicly shamed for his inadequate job performance by allowing the Second and Third readings to occur when this directly contravened Parliament Standing Orders

The actions of the Speaker are at best negligence. or at worst are a demonstration of serious unethical and immoral collusion
So now the Speaker must be honest with the country and reveal if he was negligent in his job. or colluding with Marape to subvert Parliamentary process. because the answer can only be one or the other

This is further evidence of the Speaker being in collusion with the Prime Minister to undermine the processes of Parliament, breaking all the rules. deny Members their rights to participate, acting outside his authority and protecting a minority government that is running scared

This disgraceful disregard for legal process is what happens when a desperate and defeated government sets out to hijack Parliamentary process in their blind and arrogant attempt to avoid being removed from office.

Mr. Namah said the Supreme Court will adjudicate on the current application before it. so the Opposition will not comment on this matter before the Court, but the Speaker and James Marape cannot avoid responding to the evidence on the illegality of the budget

The matters currently before the coun relate to the illegality of the 17 November Parliament session as the Speaker had acted outside his powers by directing Parliament to convene. and the denial of the constitutional rights of more than half the members of parliament to attend by giving less than 24 hours notice
`The illegal passing of the budget is a separate matter to the Application before the Supreme Court so the Speaker and Mara, must come out of hiding and explain their actions
-This is part of a long list of government failures surrounding the 2021 Budget that must now be corrected by the Parliament when it resumes on the first of December.
-The ongoing failures also include the fact that the enabling legislation for the Budget had not been certified by the State Solicitor and First Legislative Council. and was subsequently and illegally back-dated.
`The Bills were not circulated to all Members of Parliament and budget documents were not in the Parliament Chamber for any Member to evaluate the legislation before the House. so no MP could honestly say they knew what they were voting for in the budget. "Now we confirm that there was only 50 MPs in the Parliament Chamber which was not enough to Suspend Standing Orders to then allow the Second and Third Readings of the Budget
"This 'Marape circus' is an absolute disgrace. but rest assured that these failures will be rectified when the Parliament resumes next week

"For Marape and the Speaker, their sins are catching up with them and these desperate people have once again demonstrated why they have lost support of the Parliament and lost the confidence of the country."

The budget is illegitimate and having been once again exposed, the Speaker must resign.

RELEVANT SECTION OF PART XXVI — SUSPENSION OF STANDING ORDERS

1. Motion for suspension without notice 281 states that ,bsolute majority" means affirmative votes equal to more than one half of the total number of seats in the Parliament
2 Following Mis. 281 (2) is very clear that in cases of necessity. any Standing Order of the Paniament may be suspended by the Parliament (but not by a Committee of the Whole). on motion, duly moved and seconded, without notice.
3. Finally. 281 (3) requires that a rnotion under Subsection (2) must be carried by an absolute majority of Members.



BELDEN NORMAN NAMAH

LEADER OF THE OPPOSITION