Application on alternate PM nomination dismissed

An application on standing, or right to bring a case filed under section 18(1) of the Constitution, was refused and dismissed by the Supreme Court.

This application was in relation to the nomination of the alternate Prime Minster in the event of a vote of no-confidence motion against any Prime Minister. It was filed by the General Secretary of the People’s National Congress party, Edward Mike Jondi.

The full court heard submissions during the last Supreme Court sitting week for 2016, and delivered its ruling mid last month.

Justice Joseph Yagi delivered the court’s ruling on behalf of his fellow brother judges, Justices Les Gavara-Nanu and Allan David.

The court found that Jondi did not have standing or right to bring such application under section 18(1) of the Constitution for the court’s consideration.

Jondi filed the application in March 2016 asking the Court to interpret section 142 (Prime Minister), section 143 (Acting Prime Minister) and 145 (Motions of no confidence) of the Constitution.

It sought interpretation of those provisions of the constitution on the election of the Prime Minister and who can be nominated, or named as the alternative Prime Minister, in the event a motion of no-confidence is moved against a PM.

It was a request for the court to deliberate on and declare that under sections 142, 143 and 145 of the constitution, that a person nominated as the alternate Prime Minister on a vote of no-confidence motion must be a member of the party with the highest number of members in a parliamentary term.

The application was refused and dismissed because the Supreme Court found that Jondi did not have standing to bring such applications in court.

Sally Pokiton