–Court of Appeal dismisses government’s challenge, orders Parliament convened no later than May 7
–Prime Minister ordered to pay costs of respondents
–GNUT at 23, Opposition coalition 27 ahead of motion of no-confidence
BY MELVILLE TITIULU
The Court of Appeal (CoA) has dismissed the appeal by government and has ordered for the Prime Minister to take steps to call parliament to meet no later than Thursday next week, May 7.
CoA yesterday [May 1] ruled in favour of the High Court ruling on April 14 which called for Prime Minister Jeremiah Manele to call for Parliament to face the matured motion of no confidence against him.
In a unanimous decision, the panel of justices – Chief Justice Sir Gibuma Gibbs Salika, Justice Howard Lowry and Justice Gina Nott – dismissed the Attorney General’s 39 grounds of appeal, finding that the government’s delay in calling Parliament amounted to an unlawful obstruction of Parliamentary rights.
The Appeal justices ordered that the Prime Minister must take all reasonable and lawful steps before 12pm on Tuesday, May 5, for the Parliament to sit on Thursday, May 7.
The Court of Appeal also ordered Prime Minister Jeremiah Manele to pay cost for the respondents (Majority Opposition Coalition).
Speaking to media after the court today, lawyer for the Opposition coalition Gabriel Suri echoed this saying that ‘by Tuesday, May 5, the Prime Minister should take all lawful steps to call for parliament to meet no later than May 7’.
Suri said if the Prime Minister does not take any reasonable steps to comply with the Court of Appeal Orders, then it would be deemed as a Contempt of Court.
Attorney General John Muria outside court told media that he would have to check the Court of Appeal ruling first and try to make sense of it before taking any reasonable steps.
Wilson Rano, representing the speaker of National parliament, told media outside the court that there are certain areas within our constitution that needs amendment.
The CoA ruling is expected to have significant political ramifications, as it clears the path for the Majority Opposition Coalition to challenge the Prime Minister’s leadership.
This landmark judgment reinforces the principle that Executive authority cannot override the constitutional rights of Parliament, setting a precedent for future governance in the Solomon Islands.
CoA dismissed all four points of the appeal by government.
The appeal, which included up to 39 grounds of appeal in total, was built around four central legal arguments presented during the proceedings:
1) Violation of the separation of powers: Attorney General John Muria Jnr argued that the High Court’s order for the Prime Minister to convene Parliament infringed upon the separation of powers between the Judiciary and the Executive branches.
2) Interference with parliamentary processes: The Attorney General contended that the ruling violated internal parliamentary procedures, which are generally considered the domain of the legislature rather than the courts.
3) Lack of constitutional authority to compel parliament: Muria Jnr maintained that the court does not possess the constitutional authority to compel Parliament to meet.
4) Absence of legal duty and fixed timeframe: He argued that Section 34 of the Constitution does not impose a specific legal duty on the Executive to call Parliament within a fixed timeframe and that the High Court had ‘assumed jurisdiction where none existed’.
The three Appeal justices – Chief Justice Sir Gibuma, Justice Lowry and Justice Nott had heard and dealt with oral and written submissions from both parties from April 22-23 last week.
The High Court had ruled in favour of the Opposition coalition on April 14. The next day government filed an appeal. On April 16, the CoA ruled a Stay on the High Court’s April-14 judgement.
The Appeal case was heard over two days, April 22-23, after which the CoA put May 1 for its date of ruling.
PM Manele currently runs GNUT government with a minority of 23 MPs in total, against the Opposition coalition which boasts 27 MPs.
The appellants in the Appeal case include the Governor General, the Prime Minister, the Speaker of Parliament and the Attorney General.
Wilson Rano represents the Speaker while the Attorney General and his legal team represent the Governor General and the Prime Minister.