Rule of Law Wins - Supreme Court Saves the Day

 

by FRASER LIU

The Supreme Court did something in the case between the Speaker and PO that is quite unusual. It requested compromise and agreement from both parties on the key issue before it which is the Parliament sitting dates.

It asked exactly the same thing last week, but since no agreement was forthcoming, it moved the case to Monday this week. When it sat on Monday it went through the preliminaries in an unusually rapid pace. It almost looked as if a decision would be made that same day on the substantive matter!

The Chief Justice made no attempt to conceal the urgency of the case, saying "December 1st is tomorrow and only hours away." Finally, when the SC granted standing to PO, it paused before going into the substantive hearing.

The High Court then heard the plea by the Speaker's lawyers who said they were not ready to present their case. The way the Supreme Court had handled proceedings that day, one would not have been surprised if they ordered the lawyers to prepare after a short break and present their arguments. The Court was adamant to avoid an impasse.

December 1st was the next day and one party was before the Court arguing that it had correctly adjourned Parliament to this date. 

Had the Supreme Court chosen to allow the day to lapse, it would have aggrieved the Opposition. Any actions that occurred the next day would be on the conscience of the Justices and they were not allowing that.

The Court was clear it was not going to risk any civil unrest or political impasse.

It was also careful not to involve itself with Parliament business. Thus it asked a second time for both legal teams to agree on a stay on their respective client's sitting dates.

Both parties AGREED. This is key.

In effect, the SC did not decide to stay the dates chosen by Parliament. It asked the parties themselves to agree to this. In doing so, it upheld the "separation of powers" principle.

The parties then asked the Court to use its INHERENT POWERS to stay the dates.

BOTH DATES were stayed.

With "both dates stayed" and with "both of the parties agreeing to this stay", the Court is at liberty now to hear the substantive matter and rule.

In my layman mind. Since both parties of Parliament have agreed for the SC to use its INHERENT POWERS to stay the dates, in principle, they have also allowed the Court to use its INHERENT POWERS to "fix a new and appropriate date".

The SC has successfully manoeuvred the separation of powers principle by consensus from both parties. The Speaker's team cannot now claim that December 1st has lapsed and the case has "lost utility". 

They themselves conceded that to be allowed time to present their case, the December 1st date is now stayed and in the jurisdiction of the Court. Since one cannot backdate an actual date, it is common sense to assume that should the SC find in favour of PO; a new date will be fixed.

Any celebration from either camp will be premature at this stage. Of course, this is my layman view and lawyers can correct me.

Comments

Post a Comment

Please free to leave comments.

Popular posts from this blog

HIGHLANDS FRAUD F*CKS RUNNING GOVERNMENT AGENCY,,,

Image
A Fraudster and unqualified person has been shortlisted for NEC submission for the position of CEPA Managing Director. The candidate in question is Jude Tukulyia. His academic credentials are subject to scrutiny. Further investigation is required to verify the authenticity and legitimacy of his qualifications, particularly the reported diploma in accounting, Bachelor of Laws, MBA from Divine Word and UPNG respectively. It is very suspicious and unprofessional  when the Minister for Environment Conservation and Climate Change, Hon Simo Kilepa, wrote to UPNG Vice Chancellor asking to confirm Jude’s questioned education qualifications. This very due diligence work is the core responsibility of the Public Service Commission and Department of Personnel Management. What authority does the portfolio minister have to write to the Universities? Dumbfounding indeed if one asks. Ulterior motives written all over the letter. This amounts to  Questionable Academic Qualifications of Mr Tukulyia.    
Read more

PNG, VERY RICH YET STILL A VERY VERY POOR COUNTRY

Image
by GARY MONDULAME Papua New Guinea (PNG), a nation blessed with abundant natural resources, continues to grapple with economic challenges that belie its potential wealth. The nation's economic narrative is a paradox—rich in resources yet burdened by poverty. The explanation for this paradox lies not only in economic mismanagement but also in deep-seated corruption that has permeated the political landscape since independence in 1975. Following its independence from Australia, PNG was entrusted to leaders who lacked a vision for a holistic national development. This absence of foresight is evident from the lack of long-term development plans that could have distributed the country’s wealth fairly across all regions and communities. Successive governments failed to establish foundational strategies such as building satellite townships or creating robust rural housing schemes. Instead, they resorted to short-term, reactive measures that did not foster sustainable growth. The nascent l
Read more

BLIND LEADING THE BLIND, WHY THE PNG ECONOMY STILL SUCKS

Image
Elizabeth Genia, Acting Governor Bank of PNG (BPNG) by MICHAEL JOSEPH PASSINGAN The economy of Papua New Guinea (PNG) is at a crucial juncture. Despite some signs of recovery, the country faces several structural challenges that continue to impede its economic progress. The March 2024 Monetary Policy Statement from the Bank of Papua New Guinea sheds light on these issues, providing a comprehensive overview of the economic landscape and the policy responses being implemented to navigate through these turbulent times. In 2023, PNG's economy grew by a modest 1.4%, a significant slowdown from the 5.2% growth witnessed in 2022. This tepid growth is largely attributed to delays in major projects and ongoing economic issues that have not been fully resolved. The anticipated growth for 2024 is around 3.0%, buoyed by the resumption of production at the Porgera gold mine. While this marks an improvement, it remains subdued compared to the potential of this resource-rich nation. One of the mo
Read more

AUGUSTINE MANO PNG'S PREMIER CORPORATE CROOK

Image
by  MICHAEL J. PASSINGAN In a significant setback for Mineral Resources Development Corporation (MRDC), the Supreme Court of Papua New Guinea has dismissed the company's appeal to stop criminal investigations into its dealings with landowner funds held in the Pacific Balance Fund (PBF). The court ruled that MRDC's appeal was an "abuse of process" and ordered the company to pay costs of the proceedings. MRDC, a unit holder in PBF, had taken legal action against the National Court's decision to dismiss its case, arguing that the court had no jurisdiction to hear the matter. However, the Supreme Court disagreed and held that MRDC's appeal was nothing more than an attempt to interfere with the police's criminal investigative process. The court found that MRDC had no authority to conducted its own investigation into the activities of the Melanesian Trustee Services Limited (MTSL), the fund manager of PBF, and that its actions were in violation of the Trust Deed
Read more

James Marape's Missteps Openly Exposed at Australian Forum

Image
by  MICHAEL J. PASSINGAN  In a recent event that highlighted the complexities of international diplomacy and governance, Papua New Guinea's Prime Minister, James Marape, faced a challenging situation during his appearance at the Lowy Institute in Sydney, Australia. The Lowy Institute, known for its role as an independent think tank focusing on international policy, particularly in the Asia-Pacific region, provided a platform for a candid assessment of Marape's governance. Following his formal address, Marape engaged in a dialogue with Dr. Michael Fullilove AM, the Executive Director of the Institute. Dr. Fullilove, a respected figure in public and international policy, scrutinized Marape's past promises and statements, contrasting them with the current state of affairs in Papua New Guinea (PNG). The discussion took a critical turn as Dr. Fullilove revisited Marape's 2019 speech at the same venue, where Marape had outlined his vision for PNG in a speech titled “A New Boo
Read more

PNG GOVERNMENT MINISTER IN PORN VIDEO

Image
WEWAK MP AND CORRECTIONAL SERVICE MINISTER JIM SIMATAB ANOTHER PUPPET WHO NEEDS TO BE VOTED OUT Wewak Open Electorate and the people of East Sepik Province are suffering from lack of development and delivery of basic services. Meanwhile, their MP, Jim Simatab, who is also Correctional Services Minister seems to be very busy having extra marital affairs with young Tolai girls who are young enough to be his child or grandchild. He is a typical puppet in the coalition of the corrupt who needs to be voted out in 2017. WARNING NUDITY AND SEX SCENE VIDEO LINK
Read more

MARAPE & PAITA ABOUT TO SIGN AWAY PNG GOLD

Image
By: Andrew Arthur Prime Minister Hon. James Marape and his planning minister Reinbo Paita are the parties behind the theft of all Papua New Guinea’s gold for the next 100 years! They have given approval for the STATE of Papua New Guinea to sign away all gold rights to an Australian paper company in Refinery Holdings PTE LTD. First, they have done the deal with a paper company even before there is a LAW that says they have the right to do the deal. We see how the real manipulation works out. Marape and Paita now need to get the law passed by Parliament. The law is before the Parliament to set up Papua New Guinea’s first National Gold Corporation. The National Gold Corporation Bill first surfaced in 2012 but successive Government of Sir Michael Somare and Hon. Peter O’Neill, in their wisdom, had refused to pass this Bill as there have been some sinister motives and constitutional issues associated with the Bill. The new bill will allow Refinery Holdings LTD PTE to own 70% of the National
Read more