A three-man Supreme Court bench heard an application of standing to determine whether Sir Mekere Morauta, as a private citizen, can challenge the government’s decision to acquire shares belonging to the PNG Sustainable Development Program.
Lawyers representing Sir Mekere, Attorney General Ano Pala, Parliament Speaker Theo Zurenuoc, the NEC and Prime Minister Peter O’Neill argued the issue of standing on Friday afternoon.
Justices Ambeng Kandakasi, Joseph Yagi and Don Sawong, after hearing arguments, reserved their decision to a later date.
If the court finds that Sir Mekere has standing or a right to file a lawsuit as a private citizen, then it will proceed to the substantive hearing of the case.
Substantively, Sir Mekere is seeking declarations from the Supreme Court to order the Ok Tedi Tenth Supplemental Agreement Act of 2013 unconstitutional and illegal.
Tenth Supplemental Agreement Act of 2013 was passed in parliament that saw the government acquire 63.4 percent shares transferred from PNGSDP.
The application substantively also seeks the return of the 63.4 percent holding shares to the former board of Ok Tedi Mining Limited, the repayment of outstanding dividends and payment of compensation with interest, amongst others.
The court heard submissions from Sir Mekere’s lawyer saying his client has standing as an ordinary citizen, adding that he is a prominent citizen of the country as he does not necessarily have to be a public office holder.
He said Sir Mekere is a citizen who has rights to make an application under section 18(1) of the Constitution.
The Attorney General, state, Speaker and the Prime Minister, through their lawyers, opposed the application.