A newspaper article has led to the Parliament Speaker receiving an ancillary order this morning from the Supreme Court, directing him to comply with the Parliament’s Standing Orders.
An ancillary order supports a previous order given by the court. In this case, the previous court order would be for Parliament to reconvene and have the motion of no-confidence introduced, debated and voted on.
As per the Standing Orders of Parliament proceedings, MPs should be given seven days to deliberate on a vote of no-confidence after it is introduced.
However, the newspaper article stated that the motion will be moved, debated and the votes will be “taken and counted”. Then the “Speaker announces the winner who becomes the Prime Minister,” all in today’s sitting of Parliament.
Speaker Theodore Zurenuoc said: “The Chair has never issued, or caused to be issued, or published any such documents or editorials in any newspaper.
“This article is purely an interpretation of the newspaper journalist that compiled it and is in no way an authorised publication given under the authority of this Chair.”
The ancillary order directed Parliament to introduce the motion then adjourn for one week to Friday, July 22. When the MPs return, the motion will “be moved, debated and voted on in accordance with Section 145 (1)(b) of the Constitution”.
Zurenuoc raised the concern that the judiciary has intruded on the legislature by issuing orders that direct the work of the Clerk of Parliament. He advised the Members that the Chair will invoke a special constitutional reference before the Supreme Court.
“This is to verify the Supreme Court’s power to order breaches of the Constitution and Organic Law, and the circumstances under which such orders can be made, including the issuance of ancillary order based on articles that were in no way authorised by the Chair.”
(Picture: Radio Australia)