PNG Chief Justice urges Parties to join in Special Reference on Vote of No Confidence
Papua New Guinea Chief Justice Sir Gibbs Salika has urged interested parties to join the Constitutional Reference filed by Peter O'Neill questioning the process of the vote of no confidence.
Sir Gibbs says the application has raised important issues of law.
He made the comments following the withdrawal of the stay application by Mr O'Neill's lawyer.
The lawyers filed the motion to prevent the vote of no confidence progressing, but Mr O'Neill's resignation and the election of a new prime minister sees no use of the stay application remaining.
While the court has ruled for the stay application to be withdrawn, the substantive or main case questioning the Constitutional processes of the motion of vote of no confidence and its withdrawal remains.
Sir Gibbs says, the application raises important issues for the betterment of the country.
A lawyer representing O'Neill had asked the three men bench, for the application to be moved to the registry pending advice from his client.
Sir Gibbs however refused, saying there is a lot of Constitutional References sitting in the registry and never perused by those who initiated the references, therefore he wont allow that to happen.
He adjourned the matter to next month for directions.
A Supreme Court Reference is different from ordinary court cases as it questions legal process which are not consistent with the Constitution.
A 3, 5 or 7 men bench sits to determine questions raised and give their opinion on the cases, which are binding.
NBC News/ PNG Today
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Sir Gibbs says the application has raised important issues of law.
He made the comments following the withdrawal of the stay application by Mr O'Neill's lawyer.The lawyers filed the motion to prevent the vote of no confidence progressing, but Mr O'Neill's resignation and the election of a new prime minister sees no use of the stay application remaining.
While the court has ruled for the stay application to be withdrawn, the substantive or main case questioning the Constitutional processes of the motion of vote of no confidence and its withdrawal remains.
Sir Gibbs says, the application raises important issues for the betterment of the country.
A lawyer representing O'Neill had asked the three men bench, for the application to be moved to the registry pending advice from his client.
Sir Gibbs however refused, saying there is a lot of Constitutional References sitting in the registry and never perused by those who initiated the references, therefore he wont allow that to happen.
He adjourned the matter to next month for directions.
A Supreme Court Reference is different from ordinary court cases as it questions legal process which are not consistent with the Constitution.
A 3, 5 or 7 men bench sits to determine questions raised and give their opinion on the cases, which are binding.
NBC News/ PNG Today
Next :
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