Opposition Coalition files legal action against Prime Minister Manele
BY JOHN HOUANIHAU
The new coalition has formally filed a legal challenge to Prime Minister Jeremiah Manele to immediately convene Parliament.
The Coalition said it took legal action because the Prime Minister has not advised the Governor-General to call Parliament, even though a Motion of No Confidence had been properly submitted and is pending debate in parliament, and the government has lost its majority status.
The legal claim was filed by PFP Wing Leader Fredrick Kologeto, Opposition Leader Matthew Wale, Independent Members Leader Manasseh Maelanga, and six political parties in the new coalition of 28 MPs.
The proceedings name the Governor-General, the Prime Minister, the Speaker of Parliament, and the Attorney General as defendants, according to the Coalition’s statement.
The application seeks the Court’s guidance and determination on key constitutional questions relating to the convening of Parliament in the present circumstances.
The statement said the claim raises issues concerning the scope and proper exercise of their respective constitutional responsibilities in ensuring that Parliament is able to meet and address matters currently before it in relation to the executive authorities.
“The claim further asks the Court to consider whether the actions, or inaction, of the relevant authorities fall within the bounds of their lawful powers and responsibilities,” it adds.
It said the Attorney General has been named since, by law, he must be named on cases against the crown while speaker of Parliament has been included as a party to the proceedings due to the institutional role of the Office in the event that Parliament is convened.
“This legal action is about upholding the rule of law. Parliament is the supreme democratic institution of our country and must be allowed to function without obstruction,” the statement said.
The group emphasised that the Constitution does not permit the Prime Minister to avoid accountability by delaying Parliament.
The coalition commands the majority with 28 members, while government is with 22.
Island Sun understands that Prime Minister Manele has refused to immediately convene Parliament after the mass resignation of MPs and the maturing of the motion of no-confidence against him, saying that he would convene parliament at an ‘appropriate time’.
Manele has not elaborated on when this ‘appropriate time’ would be.
He had however told a press conference in early February this year that he intends to call parliament in either May or June this year.
Manele meanwhile maintains that the government is continuing to function despite governing with a minority.
A total of 19 MPs resigned from government from March 15-17 and joined forces with the Opposition and Independent groups, together forming the coalition.
The coalition consists of six parties, all officially registered with their members with the Political Parties Commission.
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