-High Court rules in favour of majority Opposition coalition upholding judicial review claim, clarifying Governor General has authority to call parliament and PM refusing to convene parliament unlawful
-PM Manele appeals ruling
BY MELVILLE TITIULU
In a landmark decision that reshapes the Solomon Islands’ constitutional balance, Chief Justice Sir Albert Palmer yesterday ruled in favour of the 28‑MP opposition coalition, finding that the Governor‑General has the residual authority to convene Parliament and that the Prime Minister’s advice refusing to summon Parliament was unlawful.
Prime Minister Jeremiah Manele last night issued a statement saying he will appeal the High Court’s ruling. [See separate story]
Claimants’ Lawyer Gabriel Suri told Island Sun outside court after the ruling that the judgement was a victory for parliamentary democracy and a victory for the people, as the Chief Justice has plainly said it is the power of the people that the three arms of State exercised. Thus, not the sovereignty of the prime minister and government.
Chief Justice Palmer in delivering his ruling, gave two options for the Prime Minister as either to resign or advice accordingly for the convening of parliament within the next three days and face the motion of no confidence (MONC) on the floor of parliament.
The Court also ordered cost on indemnity basis upon the Prime Minister Jeremiah Manele and the Attorney General John Muria Jnr.
Besides, the court found that the Speaker of Parliament acted within the bounds of the standing orders, therefore, no order for cost imposed upon the speaker. Otherwise, the speaker is to facilitate the MONC withing the next three days.
Additionally, there is no order against the Governor General as it is the Executive’s failure not to advise.
The ruling orders the PM to summon and convene Parliament within three days without further delay so that the pending no‑confidence motion and the outstanding business on the provisional paper can be considered. In an event of failure, the GG is to engage and convene parliament.
“The PM cannot use standing order to block convening of parliament,” the Chief Justice said while delivering his judgement in court.
He further said, the ‘Constitutional impasse exists’ and that the PM failed to discharge timely constitutional duty for the MONC to be brought at the earliest. Failure to do so is unlawful.
The Chief Justice said to do that would be characterised as an ‘abuse of constitutional power’. Thus, it is incumbent upon parliament to convene at the earliest, as failure to do so would be deemed as an ‘overreach of parliamentary accountability’.
The court also dismissed the respondents’ strikeout application brought by Attorney‑General Muria Jnr. Instead ruled that the judicial review claim raised serious triable and constitutional issues to consider.
He further reminded parties that much of these constitutional issues were already covered in his earlier ruling for dismissed security for cost last week.
However, Muria Jnr told Island Sun outside Court that he will appeal the Chief Justice’s decision.
When asked by Island Sun if the decision to appeal runs contrary to what the PM said in his recent press release that he will accept whatever outcome of the High Court, Mr Muria said, abiding by what the High court decision could include as well the last determinative decision of the Court of Appeal (COA), suggesting that the COA is the final determinative outcome of the matter.
The claimants include Opposition Leader Matthew Wale, PFP Wing Leader Fredrick Kologeto, Independent Members Leader Manasseh Maelanga, and six political parties forming the new majority coalition of 28 MPs.
The claimants were represented by counsels, Gabriel Suri, John Taupongi, James Ronnie Kaboke and Francis Waleanisia.
Respondents are the Governor-General, the Prime Minister, the Speaker of Parliament, and the Attorney General.
Attorney General John Muria Jnr with his legal team represented the respondents.
For feedback, contact: [email protected]
Editor: [email protected]
