The Supreme Court will hear the Opposition- filed no-confidence motion on the morning of Friday, July 1st.
The hearing date for the substantive application, filed under section 18(1) of the Constitution was set today by the Chief Justice, Sir Salamo Injia.
The application filed by Leader of the Opposition, Don Polye substantively seeks the High Court to order the Speaker to recall Parliament to debate the Motion of No-Confidence as a matter of national urgency.
Polye’s lawyer, Loani Henao was told today to serve documents relating to the motion on the Government’s Principal Legal advisor and Attorney General Ano Pala, Parliament Speaker Theo Zurenuoc, Deputy Speaker Aide Ganasi, and Acting Clerk of Parliament Kala Aufa by this Friday (June 24).
The court also directed the Opposition to serve documents personally to those named. It can also be done by way of advertorial in the daily newspapers.
A status conference is expected to be held next Monday (June 27) which parties involved In this case are also expected to file their extract of arguments by then.
The hearing on July 1 will consist of two applications. One is the hearing and determination on whether the opposition has standing or a right to file a lawsuit against the Parliamentary Committee on Private Business to recall parliament.
If the court finds that the Opposition has standing, then it will proceed to hearing and determine the substantive issue. This is where the court will interpret the application of sections 134,141,142 and 145 of the constitution.
The Opposition on June 7 filed the fourth vote of no-confidence motion, however on June 8 at 10:30am; parliament was adjourned to August 2.
On June 15, the Opposition filed the section 18(1) application before the Supreme Court which was listed to be expedited or prioritised by the court.
This application is urgent and must be determined before July 22. After July 22, the fourth no-confidence motion against the Prime Minister will become invalid because a motion of no-confidence vote cannot be moved against the Prime Minister during the last 12 months of Parliament.
(Picture: Loop file picture of Hoani Henao, Don Polye and Belden Namah in a press conference. )