Parliament can only be recalled by the courts, says Kua

Former attorney-general Kerenga Kua says only the Supreme Court can direct Parliament to reconvene.

The Leader of the National Party, who previously served under the current government, made this comment following the adjournment of Parliament sitting on Wednesday to August 2.

The O’Neill- Dion Government used its numerical strength on the floor on Wednesday to adjourn Parliament, despite the filing of the motion of vote of no-confidence (VONC) the previous day by the Opposition, and looming university student protest.       

“There is no power in the Governor General to recall Parliament,” Kua said.   

 “The Parliament only assumes on the date that it has been adjourned to.

“However, if the adjournment breaches the constitution, the Court can order a recall of Parliament,” said Kua.

“The Court is not responsible for procedural process, but if there is a constitutional prescription and if you do not follow this prescription, the court will bring you back to that point and tell you to comply with that.

“They do not have the power to do anything else but ask you to comply with the constitution,” Kua said.

The country’s alternative government yesterday reveled in a media conference its intention to file a judicial procedure before the Supreme Court to ask it to direct Parliament to reconvene.   

“Here we are saying that the constitutional process has been triggered already with the filing of the motion and when you adjourned Parliament to kill the utility of that motion, you are sabotaging a constitutional process and the court must now be called upon to require us to complete the process,” Kua said.

Charles Yapumi