Papua New Guinea Supreme Court of Papua New Guinea has ruled that Parliament’s decision to disallow a second motion of no confidence against the Prime Minister was unconstitutional.
The ruling, delivered by a five-judge bench led by Chief Justice Salika, cantered on a motion filed by deputy Opposition Leader and Chuave MP, James Nomane.
The court declared:
*The Private Business Committee’s decision on 27 November 2024, to reject the no-confidence motion violated Section 111 of the Constitution, which guarantees the right to introduce bills.
*Parliament’s 12 September 2024, resolution rejecting a previous no-confidence motion did not restrict subsequent motions under constitutional provisions.
*The Private Business Committee’s decision contravened the principle of collective executive responsibility to Parliament.
*Section 165 of the Standing Orders, which allows the Speaker to disallow motions similar to those resolved within 12 months, is unconstitutional when applied to no-confidence motions.
*Section 134 of the constitution, which discusses non-justiciable proceedings, does not limit the supreme courts jurisdiction in this matter.
*The question of the constitutionality of section 165 of the standing orders is justiciable.
*The decision to reject the 27 November 2024, motion was invalid.
*The supreme court ruled that the Speaker to recall Parliament by 08 April 2025, to debate the 27 November 2024, motion.
*The Private Business Committee to deliver the motion to the Clerk of Parliament for immediate listing and the interveners to pay the applicants court costs.
The case stopped from Parliament’s decision to disallow a no-confidence motion, citing Section 165 of the Standing Orders, which restricts similar motions within a 12-month period. ‘
Deputy Opposition leader, Nomane challenged this decision, arguing the standing order was unconstitutional.
The court addressed key issues, including the application’s validity, the decision-making authority, the constitutionality of Section 165, and the appropriateness of the requested relief.
The Speaker and Attorney-General, who intervened, argued against Nomane’s claims, but the court ultimately ruled in his favour.PRIME Minister James Marape says the government will respect the Supreme Court decision and allow the Parliamentary process to take its course.
The Prime Minister, who was briefed of the court decision by the Vice Minister for Justice and Attorney General and Member for Karamui-Nomane Francis Alua upon his arrival from Wabag and Kiunga, said the coalition partners respected the Supreme Court decision that called for the Parliament to be recalled to entertain the Vote of No-Confidence Motion of 27 November 2024.
The VoNC named the Enga Governor Peter Ipatas as the alternative Prime Minister did not get the approval of the Private Business Committee when it was submitted to them last 27 November.
This forced the Member for Chuave and Deputy Opposition to file a Supreme Court Section 18 (1) reference to interpret the constitutionality of the decision of the committee.
The Supreme Court declared the decision of the committee unconstitutional as it breached Section 111 of the Constitution to deny the right to introduce Bills and it also was against ss 50 (1) (e), 111(1), 142 (5) and 145 of the Constitution.
It further declared that Section 165 of the Standing Orders, to the extent that it applies to a motion of no confidence is unconstitutional for being inconsistent with ss 50 (1) (e), 111(1), 142 (5) and 145 of the Constitution.
Meanwhile Prime Minister James Marape said the Supreme Court is the final place where all the laws are interpreted, as such, it felt that Section 165 of the Standing Order was breached and therefore unconstitutional in respect to matters relating to Section 145 of the Constitution, that relation to vote of no-confidence motions.
“Therefore, I want to tell the nation that our government is a government that respects the rule of law, and the Constitution of our country.
“Our government coalition partners, as well as the rank and file of Pangu Party, are in total support. We respect the Supreme Court, its the authority of laws in the country.
“As the Vice Minister had briefed me, the court had made the decision.
“And the Clerk of Parliament, Kala Aufa, had also briefed me that he has been served a copy of the court decision with the orders to recall Parliament and address the VoNC.
“ I just want to tell the country that we will comply with the court decision and the Speaker will advised the country that Parliament is recalled based on the court order, and Parliament will sit on 08 April (next Tuesday).
“The Private Business Committee will sit on Wednesday (09 April) and the Clerk will put the motion on the Notice Paper and advise Parliament on Thursday before it adjourns for one week to following Thursday, when Parliament will reconvene and vote for the two candidates, (it will be either him or Sir Peter Ipatas as the alternate nominee of the Opposition as per the motion of 27 November 2024),” he said.
Marape said Pangu Party birthed the Country’s constitution; therefore, they will respect the law and allow the parliamentary process to take its course, and he applauded the Member for Chuave for exercising his constitutional rights to file a section 18 Reference, with the questions that was answered by the court.
