High Court Throws Out PNG Opposition Leader Nomane’s Challenge Over No-Confidence Law

Papua New Guinea’s Supreme Court has dismissed a constitutional challenge brought by Opposition Leader James Nomane against changes to the country’s no-confidence vote laws, ruling that he did not have the legal standing to pursue the case.

High Court Throws Out PNG Opposition Leader Nomane’s Challenge Over No-Confidence Law

The decision effectively shuts down another avenue for legal action against Constitutional Amendment No. 48, the law that tightened rules surrounding motions of no confidence against the Prime Minister and government.

Nomane filed the application in March, seeking declarations that the amendment was unconstitutional and that Parliament’s rejection of a notice of motion of no confidence lodged in October last year was unlawful.

He argued before the court that the amendment restricted the rights of Members of Parliament under Section 50 of the Constitution, weakened the principle of collective responsibility under Section 141, and conflicted with Section 145.

The amendment, passed by Parliament on March 12, 2025, inserted a provision preventing another motion of no confidence from being introduced for 18 months following an unsuccessful attempt.

The Speaker of Parliament and the Attorney-General joined the matter as interveners and challenged the competency of the proceedings. They also sought summary dismissal of the application.

A five-man Supreme Court bench comprising Justice Cannings, Justice Manuhu, Justice Hartshorn, Justice Yagi and Justice Makail heard the matter in April and unanimously found that the issues raised had already been dealt with in an earlier Section 18(1) application seeking similar orders.

The court refused Nomane’s request for declarations on standing, upheld the Attorney-General’s application for summary dismissal, and ruled that the proceedings were frivolous and an abuse of process. The ruling leaves the government free from further legal challenges on the amendment ahead of the 2027 National Election.