East Sepik Governor Allan Bird has filed and served a Section 18 Supreme Court application challenging the recent amendments to Section 145 (5) of the Papua New Guinea Constitution.
The applications question the constitutionality of the amended sections.
The amendment in question provides that if a motion of no confidence should fail, a grace period of 18 months should ensue before the next attempt can be made.
Bird said: “I am not one to find myself in court rooms but for this important matter, I have felt inclined to do so.
“As the custodian and immediate successor to the chair of the founding father, I feel it is my duty to uphold and defend the Constitution, no matter the circumstance.
“I am a strong believer in protecting and upholding the Constitution.
“I have immense respect for the fore-leaders who created this document for us – it is one of the best in the world. Unfortunately, the continuous tampering of the Constitution for personal and political protection has eroded the fabric of our nation and what our fore-leaders envisioned.
“I have filed this Section 18 application to seek the Court’s learned view and hopefully repeal what I believe is an unconstitutional provision aimed at protecting the interests of one man.
“I look forward to progressing this case, which has the support of the Opposition, and keep the country updated in the weeks to come.”
Meanwhile, the motion of no confidence provision in the Constitution is important to safeguard against non-performance or corruption in the Government, says PNG economist Paul Barker.
Institute of National Affairs executive director Barker said: “Papua New Guinea’s Parliaments have a long five-year term, compared to Australia with its three-year term. So, if there is poor performance, then there needs to be capacity for the legislature to hold the executive to account.”
He warned that the motion of no confidence could be disruptive.
But “if money and rewards are kept out of the process, then they should not be so disruptive, and certainly should not disturb the government budgets and public expenditure”, he said.
Parliament Tuesday tabled a motion of no confidence against Prime Minister James Marape.
It then adjourned for the traditional seven days before the motion is debated next week.
Barker said that PNG was facing multi-faceted crisis including riots, proposed strikes, political instability, economic challenges and escalating law and order issues.
Barker said that PNG was struggling with ongoing and persistent foreign exchange crisis, making it difficult for companies to source direct imports and repatriate profits.
This is coupled with other issues such as fuel shortages, rising cost of living and inflation and lack of foreign direct investment.
