BY MELVILLE TITIULU
The High Court will resume on Friday, April 10, at 10am over the Judicial Review case between the majority opposition coalition and the Prime Minister.
The Chief Justice has not yet heard the main matter of public interest – which is the legal challenge by the opposition coalition that the Prime Minister has failed to advise the Governor General to call parliament while government is ruling with a minority.
This comes after the High Court yesterday adjourned the matter based on the claimants’ request for an adjournment on the basis that they were not in a position to proceed with the scheduled hearing as they were yet to file a response to an ‘amended’ application for strike-out that was filed by the Attorney General (AG) on Tuesday, April 7.
AG John Muria Jnr, in response to the claimants’ submission, raised the issue of ‘urgency of time’, saying that when his application for security of cost was heard, ‘it was heard on spot’.
He was of the view that since his amended application was filed and ready for deliberation, the court should accept it and proceed with hearing his application.
Mr Muria further reminded the court that the Chapter 15 conference (preparation conference) is not a new thing. He submits that it is a necessary step and that it is incumbent upon claimants’ counsels to prepare. Thus, he was of the view that it is upon that direction going forward that the court should proceed with hearing these applications.
However, the Chief Justice Sir Albert Palmer, reminded both parties that the amended application for strike-out is to be consolidated with the Substantive JR Claim. He further told the parties that the remaining issue now is whether or not to adjourn.
Both claimants and respondents also raised issues as to uploading and accessing court documents via Justice Information Management Systems (JIMS) online portal.
The Chief Justice, in view of the circumstances raised by counsels, was of the view that it would be appropriate to consider an adjournment.
Accordingly, the Chief Justice Sir Albert Palmer, directed that both matters proceed together at the preparation conference on Friday. In the meantime, all relevant court documents were to be filed by close of business yesterday (Wednesday).
At the preparation conference on Friday, the Court will evaluate contested constitutional questions and issues central to the judicial review and will also decide and rule on the strike-out application as filed by the AG.
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.
The Attorney General with his legal team represented the respondents.
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