BY NED GAGAHE
Outgoing Prime Minister Jeremiah Manele has questioned recent court rulings relating to motions of no confidence, warning that the decisions could create political instability and expose governments to outside influence.
Speaking during the Motion of No Confidence debate in Parliament yesterday, Mr Manele said he respected the judiciary but believed the courts had set what he described as a “dangerous precedent”.
“Whilst I understand that the principle of majority rule is a fundamental tenet of representative democracy, it must be interpreted within the boundaries set out by our Constitution,” Mr Manele said.
He argued that the Constitution does not expressly create a duty requiring the Prime Minister to convene Parliament whenever a motion of no confidence matures.
“If this was the intention of the Constitution, it would have been expressly stated,” he said.
Mr Manele warns that the court ruling could leave any Prime Minister vulnerable to constant political pressure from dissatisfied Members of Parliament.
“The addition by the Court will leave the Prime Minister at the mercy of any Member of Parliament who does not get his way to run to Parliament with a motion of no confidence and then force the Prime Minister to call Parliament,” he said.
According to Mr Manele, the Court of Appeal’s interpretation now places a constitutional obligation on the Prime Minister to convene Parliament once such a motion is filed.
He said this newly created constitutional duty could also expose governments to manipulation by external interests.
“This newly created constitutional duty would make the Cabinet vulnerable to state capture by private business interests, criminal syndicates or foreign interests,” he said.
“The Prime Minister would be left at the mercy of power brokers because even when Parliament is adjourned and prorogued, the Prime Minister is duty bound to call Parliament.”
Mr Manele said that Solomon Islands’ Constitution was carefully designed to balance majority rule with the country’s need for political stability.
“Our Constitution is designed in such a way to balance the principle of majority rule with our nation’s need for political stability,” he said.
“This constitutional balance has been tampered with by the Courts.”
The outgoing Prime Minister further claims that the judiciary had entered into the role of lawmakers by creating what he described as a new constitutional duty not expressly provided for in the Constitution.
“I strongly feel the Courts have encroached into the jurisdiction of the Legislature by creating a new constitutional duty in the Prime Minister without any express contextual permission,” Mr Manele said.
“Sadly, this is, in my humble opinion, judicial overreach of the highest order. The role of the judiciary is to interpret the law, not to write it.”
Photo credit: John Houanihau
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