DID SPEAKER JOB POMAT PULL A FAST ONE?

by PAUL AMATIO

The tactics that were used to play Job Pomat, as the Speaker, to recall Parliament tomorrow is highly deplorable, unlawful, and explosive, hence, a Constitutional Crisis in the making.

By operations of law, there are number of factors that are critical to take note, as we ponder on the events of last week Friday, where two Motions were entertained and passed by the Deputy Speaker, who was the Acting Speaker during those proceedings. The votes taken were 57:39, in favour of the Opposition, led by Vanimo-Green MP, and Opposition Leader.

1) the Opposition Leader, BN, sought the leave of parliament to move a motion. Leave was granted to him, by the Acting Speaker, upon the advice and clearance from the Parliament Clerk and with numbers backing him, BN moved to remove the MPs on the Private Business Committee, that committee that oversees the legality of a VONC on the PM. With an overwhelming support of 57:39 votes, that motion was passed and the previous PBC was dissolved thereof.

With the motion successful he also sought leave to adjourn the parliament to December 2, and he also was successful in securing the same amount of votes to pass that motion.

Therefore, as per the records of the Parliament Hansard, the parliament is now adjourned and is on recess until the 2 December 2020.

2) the decisions made and overseen by the acting Speaker, with the advice and legal concurrence of the Parliament Clerk is by all means in order. The Acting Speaker has the mandatory powers on him, when those decisions were taken, so, on records, they cannot be altered or amended or changed by the Speaker, at his own whims and choices, or coerced to do what he now plotted to carry out by recalling parliament for tomorrow.

The Speaker do not have the legal standing to recall Parliament at such a very short notice, unless, there’s a state of emergency, or the country is under an invasion or war.

Furthermore, he would have had the courtesy to follow the set processes and procedures as set out in the Constitution, the Organic Law and the Standing Orders of parliament. And that his Notice to recall Parliament must be done and properly gazetted in the National Gazette, which I believe will take some 7-days or more.

3) if the Speaker was aggrieved by the decisions of the Parliament that time under the supervision of his Deputy Speaker and the Parliament Clerk, the right and sane thing to do, would be for him to seek the Supreme Court to provide him the decisions by initiating an urgent Court Injunction.

The Speaker cannot usurp the powers of the Courts to declare those parliamentary proceedings of last Friday, as illegal and unilaterally make a decision to recall Parliament on short Notice.

From the above observations, it is deduced and highly probable that the current Government has doctored and provided the impetus for the Speaker to come out and embarrass himself with his shallow and unlawful decisions.

These are very bad and miscalculated decisions from very cheap and questionable legal advice that would cause irreparable damages to our Constitution and must not be tolerated by the country and law abiding citizens.

The drive and greed for power and sustenance of a very minute number of so-called leaders have dragged this country into the gutters, and for what?

This country PNG and the 10m+ people of diverse cultures and languages are bigger than a hand full of mandated leaders, who are hellbent to serve themselves and their families and their cronies, and would do anything within their powers to serve their evil motives.

We just cannot stand on the sides and destroy each other all over the social media because we are aligned with the Government or the Opposition, it’s time, and we must respect each other and protect our country from self destruction, chaos and mayhem.

May God bless this country, one more time and allow sanity to prevail for our next generation.

Thanks and good night PNG...