05-27-2012, 07:21 PM
At face value the SC ruling paints O'Neill and his admin as running roughshod over the constitution. This can make elections volatile is Somare stirs the pot. The section 9 validates all O'Neill decisions which were made within the constitution prior to May, 20. It will hold that decisions he makes after May 20, within the constitution , will be binding. The ruling download is on pngindustrynews.
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Papua New Guinea [In the Supreme Court of Justice]
SCR 1 of 2012 Reference Pursuant to Constitution, Section 19 (I)
Reference by DR ALLAN MA RA T, MP in his capacity as the Attorney General and Principal Legal Adviser to the National Executive Council.
In the matter of Prime Minister and NEC Act 2002 Amendments and Reserve Powers of the
Governor General.
-,
SCR2of2012
Reference by the National Parliament pursuant to Constitution, Section 19 (1) and (3)(a). IN THE MATTER of: .
Sections 104 (2)(d); 109, 110, 115,141 (a), 142(2) of the Constitution; Prime Minister and National Executive Council (Amendment) Act 2011; Prime Minister and National Executive Council (Amendment No 2) Act 2011.
DECLARATIONS & ORDERS The Court declares/Orders that:-
(1) The Supreme Court's judgment and orders given under s 19 of the Constitution, on 12 December 2011, in SCR No 3 of 20 11 Reference by East Sepik Provincial
Executive (2011) SCl154, that Sir Michael Somare is the legitimate Prime Minister and the appointment of Peter O'Neill as Prime Minister is unconstitutional and invalid, is confirmed.
(2) Parliament's decision made on 9 December 201 I to rescind leave of absence granted
to Sir Michael Somare for the May meeting is inconsistent with s 50 of the ,.
1
1
/
Constitution and s 11, s 19, s 155 (6) and s 157 of the Constitution; a declared unconstitutional, invalid and of no effect.
(4) The Prime Minister and National Executive Council (Amendment No 2) Act 2011 passed by the Parliament on 12 December 2012 and certified by the Speaker is inconsistent with s 11, s 19, s 38, s 50, s 155 (6) and s 157 of the Constitution and therefore declared unconstitutional, invalid and of no effect.
(5)
(6)
(7)
(8)
(9)
The election of Peter O'Neill as Prime Minister on 12 December 2011 and his subsequent confirmation by the Speaker of Parliament the Hon Jeffrey Nape, in his capacity as Acting Governor-General, on 14 December 20 I 1 are inconsistent with s
142 (I) and (2) ofthe Constitution as interpreted and applied in SCR No 3 of 2011 Reference by East Sepik Provincial Executive (2011) SC 1154, and therefore, declared unconstitutional, invalid and of no effect.
Governor-General Sir Michael Ogio's actions in recognizing Sir Michael Somare as the Prime Minister in compliance with the decision of the Supreme Court in SCR No 3 of2011 is constitutionally valid and effective for all intention purposes. Governor- General's other actions in retracting that action and recognizing the re-appointment
of Peter O'Neill as Prime Minister are inconsistent with the Constitution, S 11, s 19 and s 155 (6) of the Constitution, and therefore are unconstitutional and invalid.
That at all material times, Sir Michael Somare was and is the member for the East Sepik Provincial seat; and, the legitimate Prime Minister of Papua New Guinea until the writs for the 2012 National elections are returned and a new Prime Minister is elected in the first sitting of the next Parliament pursuant to s 142 of the Constitution.
That Prime Minister Sir Michael Somare shall be accorded full privileges and benefits as Prime Minister and member of Parliament for East Sepik Provincial seat, effective from 2 August 2012.
Pursuant to s 153 (4) of the Constitution, and subject-to the Constitution generally, the bona fide decisions and actions made and implemented by the de facto government of Peter O'Neill as Prime Minister and any those of ministers appointed by him, between 2 August 2011 and 20May 2012, are valid and ~ective.
2
(10) Pursuant to s 11, 19 (2), and s 155 (6) of the Constitution, it is the duty of all persons, including the Governor- General, and the Speaker of Parliament and all other members of the executive government officers, bodies and agencies, are under a duty, so far as within their respective lawful powers; to give full effect to and comply with the binding opinions and orders issued by this Court in SCR No 1 and 2 0/2012.
(11) Costs is reserved to be considered with costs reserved in SCR No 3 of 2011.
**********
Papua New Guinea [In the Supreme Court of Justice]
SCR 1 of 2012 Reference Pursuant to Constitution, Section 19 (I)
Reference by DR ALLAN MA RA T, MP in his capacity as the Attorney General and Principal Legal Adviser to the National Executive Council.
In the matter of Prime Minister and NEC Act 2002 Amendments and Reserve Powers of the
Governor General.
-,
SCR2of2012
Reference by the National Parliament pursuant to Constitution, Section 19 (1) and (3)(a). IN THE MATTER of: .
Sections 104 (2)(d); 109, 110, 115,141 (a), 142(2) of the Constitution; Prime Minister and National Executive Council (Amendment) Act 2011; Prime Minister and National Executive Council (Amendment No 2) Act 2011.
DECLARATIONS & ORDERS The Court declares/Orders that:-
(1) The Supreme Court's judgment and orders given under s 19 of the Constitution, on 12 December 2011, in SCR No 3 of 20 11 Reference by East Sepik Provincial
Executive (2011) SCl154, that Sir Michael Somare is the legitimate Prime Minister and the appointment of Peter O'Neill as Prime Minister is unconstitutional and invalid, is confirmed.
(2) Parliament's decision made on 9 December 201 I to rescind leave of absence granted
to Sir Michael Somare for the May meeting is inconsistent with s 50 of the ,.
1
1
/
Constitution and s 11, s 19, s 155 (6) and s 157 of the Constitution; a declared unconstitutional, invalid and of no effect.
(4) The Prime Minister and National Executive Council (Amendment No 2) Act 2011 passed by the Parliament on 12 December 2012 and certified by the Speaker is inconsistent with s 11, s 19, s 38, s 50, s 155 (6) and s 157 of the Constitution and therefore declared unconstitutional, invalid and of no effect.
(5)
(6)
(7)
(8)
(9)
The election of Peter O'Neill as Prime Minister on 12 December 2011 and his subsequent confirmation by the Speaker of Parliament the Hon Jeffrey Nape, in his capacity as Acting Governor-General, on 14 December 20 I 1 are inconsistent with s
142 (I) and (2) ofthe Constitution as interpreted and applied in SCR No 3 of 2011 Reference by East Sepik Provincial Executive (2011) SC 1154, and therefore, declared unconstitutional, invalid and of no effect.
Governor-General Sir Michael Ogio's actions in recognizing Sir Michael Somare as the Prime Minister in compliance with the decision of the Supreme Court in SCR No 3 of2011 is constitutionally valid and effective for all intention purposes. Governor- General's other actions in retracting that action and recognizing the re-appointment
of Peter O'Neill as Prime Minister are inconsistent with the Constitution, S 11, s 19 and s 155 (6) of the Constitution, and therefore are unconstitutional and invalid.
That at all material times, Sir Michael Somare was and is the member for the East Sepik Provincial seat; and, the legitimate Prime Minister of Papua New Guinea until the writs for the 2012 National elections are returned and a new Prime Minister is elected in the first sitting of the next Parliament pursuant to s 142 of the Constitution.
That Prime Minister Sir Michael Somare shall be accorded full privileges and benefits as Prime Minister and member of Parliament for East Sepik Provincial seat, effective from 2 August 2012.
Pursuant to s 153 (4) of the Constitution, and subject-to the Constitution generally, the bona fide decisions and actions made and implemented by the de facto government of Peter O'Neill as Prime Minister and any those of ministers appointed by him, between 2 August 2011 and 20May 2012, are valid and ~ective.
2
(10) Pursuant to s 11, 19 (2), and s 155 (6) of the Constitution, it is the duty of all persons, including the Governor- General, and the Speaker of Parliament and all other members of the executive government officers, bodies and agencies, are under a duty, so far as within their respective lawful powers; to give full effect to and comply with the binding opinions and orders issued by this Court in SCR No 1 and 2 0/2012.
(11) Costs is reserved to be considered with costs reserved in SCR No 3 of 2011.
