Supreme Court

Young and Williams Lawyers, Counsel for Namah, lodged the Supreme Court Application (SCC OS/4/2020) at 9.36am on Wednesday.

Namah in a statement said the Opposition has applied to have the Act struck down as unconstitutional under Section 41 of the Constitution by the Supreme Court.

He clarified that they have find the National Pandemic Act to be contrary to the Constitution for the following reasons:-

Namah, in his capacity as the Opposition leader, had sought court declaration over the legality of Marape’s election on May 30, 2019.

Prime Minister Marape’s election to the government’s top post remains a Supreme Court matter after a five-man bench dismissed his application to stop Namah from disputing his election as Prime Minister.

This is the reference Namah filed on September 23, seeking an interpretation over the legality of James Marape's election as Prime Minister on May 30^th, 2019.

Lawyers representing the referrer (Namah) and those of other interested parties; The Speaker of parliament, Attorney General, Deputy Opposition Leader and Prime Minister James Marape, appeared in court for directions today.

Loya bilong Manase, John Griffin, i bin kisim bek dispela aplikesen aster long taim tripela Suprim Kot jas, Jastis Derek Hartshorn, Collin Makail, na Oagile Bethuel Dingake i sindaun long harim.

Long Me 15 Manase i bin redim wanpela Aplikesen long stopim Palamen na Praivet Bisnis Komiti long harim wanpela notis bilong mosen bilong vot i no gat bilip (VONCM) we Oposisen i bin kamapim long Me 7.  

Tasol Lida bilong Oposisen, Patrick Pruaitch i bin rausim pinis VONCM long Mande Me 20, wantaim James  Marape, man husat ol i redim long kisim sia bilong Praim MInista.

The application was withdrawn on Wednesday May 22nd by Manase’s lawyer, John Griffin QC, before a three men bench consisting of Justice Derek Hartshorn, Collin Makail, and Oagile Bethuel Dingake.

The stay application to restrain Parliament and the Private Business Committee from entertaining or dealing with the notice of a motion for a vote of no confidence was filed by Manase on May 15^th in relation to the VONCM filed by the Opposition on May 7^th.

The adjournment was sought by lawyers representing the Speaker and Clerk of Parliament, because they were unable to get instructions from the Speaker, who is said to be in his electorate.

The Opposition, although not a party in the Supreme Court Reference, also appeared through their lawyer Justin Wohuinangu, on instructions from Opposition Leader Patrick Pruaitch and Shadow Attorney General Kerenga Kua.

The Opposition is not a party because earlier, their application seeking to join in the Attorney General’s Supreme Court Reference was refused by the court.

The Electoral Commission has been stayed from issuing the LLG writs and conducting the elections until the question referred to the Supreme Court, regarding the delay in the 2012 and 2017 LLG elections, are determined.  

The ruling was handed down in court an hour after Minister for Inter-Government Relations, Kevin Isifu, officially signed the writs for the LLG elections today in Port Moresby.

Nominations and campaign were to commence at 4pm today.

The special Supreme Court reference went for directions hearing today before Chief Justice Sir Gibbs Salika.

Any parties interested in joining or intervening in the Special Supreme Court reference have until 21 March to file their respective applications, seeking to join in the reference.

Lawyers acting for the Speaker of Parliament, Clark of Parliament and Leader of the Opposition, Patrick Pruaitch, appeared in court today, along with councils representing the referrer of special Supreme Court reference, Attorney General Steven Davis.

The Supreme Court delivered its ruling today, putting the trial, which was scheduled to commence on 14 January on halt, while it reviews the decision by the National Court, which allowed one ground in the petition to go for trial.

Leave to review the National Court’s decision was granted by the Chief Justice, who sat as a single Supreme Court judge, last month.

Ben Lomai, who acts for the 730 applicants, said his clients now have two options, either to file a case in the National Court seeking damages or file a slip rule application.

They believe the Supreme Court made an error.

The group of refugees and asylum seekers, led by Behrouz Boochani on 7 November, 2016, filed an application for the enforcement of their constitutional rights (section 57 of the Constitution) and unlawful transfer and detention in Manus, after the Supreme Court ruled on 26 April, 2016, that their detention since 2013 was unlawful.