Jailed Vanuatu MP'S Future in Parliament in question
“They have the right to appeal, however if their sentences are suspended and they are still serving the terms of their suspended sentences when the country goes to polls next year, they will not be eligible to contest,” the Vanuatu Electoral Office clarified .
The sentences handed down by the Supreme Court ranges from three to four years for the 14 MPs.
Section 3 of the Members of Parliament (Vacation of Seats) Act (1) states: “If a member of Parliament is convicted of an offence and is sentenced by a court to imprisonment for a term of not less than 2 years, he shall forthwith cease to perform his functions as a member of Parliament and his seat shall become vacant at the expiration of 30 days thereafter:
“Provided that the Speaker, or in his absence, the Deputy Speaker, may at the request of the member from time to time extend that period for further periods of 30 days to enable the member to pursue any appeal in respect of his conviction, or sentence, so however that extensions of time exceeding in the aggregate 150 days shall not be granted without the approval of Parliament signified by resolution.
(2) “If at any time before the member vacates his seat his conviction is set aside or a punishment other than imprisonment is substituted, his seat in Parliament shall not become vacant as provided by subsection (1), and he may again perform his functions as a Member of Parliament.
“For the purpose of subsection (1) no account shall be taken of a sentence of imprisonment imposed as an alternative to or in default of the payment of, a fine.”
The first clause, implies that the seat of an MP sentenced by the Court for a term not less than two years will become vacant after “30 days”.
It further provides that this period can be extended by the Speaker or in his absence, the Deputy Speaker at the request of the implicated MP to pursue any appeal but the aggregate of 150 days must be granted with the Parliament’s approval.
The problem with the current situation is Speaker Marcellino Pipite, 2nd Deputy Speaker John Amos, 3rd Deputy Speaker Arnold Prasad and 4th Deputy Speaker Antony Wright are all imprisoned.
Only the 1st Deputy Speaker, Samson Samsen is free to exercise his functions, however his allegiance is not clear as he was previously granted immunity to testify for the Prosecution in the bribery case.
Meanwhile, under the Members of Parliament (Vacation of Seats) Act, Section 3 (1), the 14 MPs have ceased their functions as representatives of their people in Parliament.
The law states that; “If a member of Parliament is convicted of an offence and is sentenced by a court to imprisonment for a term of not less than 2 years, he shall forthwith cease to perform his functions as a member of Parliament...”
Last Thursday Kilman terminated Moana Carcasses as Deputy Prime Minister and Minister as well as Serge Vohor as Foreign Minister.
In the case of one of the leaders that was convicted and received a suspended sentence, Minister of Finance, Willie Jimmy, he received an end sentence of 20 months, four months shy of two years, which means he still performs his function as an MP until the end of the current Legislature.
Under the Members of Parliament (Vacation of Seats) Act Section 3 (2) “before the member vacates his seat his conviction is set aside or a punishment other than imprisonment is substituted, his seat in Parliament shall not become vacant...and he may again perform his functions as a member of Parliament”.
This may also apply to the 14 MPs that are currently in jail if they appeal within the required 14 days and their appeal is successful or their imprisonment punishment is substituted because while they have ceased to perform their functions as MPs, their seats are not yet vacant until after 30 days as provided under law.
This 30-day window, after the sentences were handed down Thursday last week, lapses on November 21 and seats will be deemed vacant on November 22.
The Kilman-led government is currently holding on to power with 14 or 15 MPs.
And the Opposition, led by Ham Lini, currently with 23 or 24 MPs, is trying to entice MPs in government, especially single MPs that are not attached to major political parties, after dialogue with bigger parties in government reportedly failed.
It is these single MPs that currently hold the balance of power with the impasse among major parties in opposition and government.
But Prime Minister Sato Kilman says his government is not threatened by moves of the Opposition as it awaits the completion of the legal process by imprisoned MPs by way of appeal to exhaust the process provided by the judiciary.
Even so, just as the Opposition thought the Government was literally down and licking its wounds after the court sentenced its MPs to prison, on Thursday the same day of sentencing, Kilman appointed MP Don Ken as Minister of Infrastructure - an MP that was with the Opposition bloc.
With this move, the prime minister is rebuilding his Cabinet.
Subject to the success of the appeals, by-election and dissolution may be some of the avenues sought.
Source:
PACNEWS
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