VONC WILL CONTINUE REGARDLESS OF PROPOSED S145 AMENDMENT

Deputy Opposition Leader and Member for Chuave, James Nomane

THE Supreme Court Five-Men Bench comprising Chief Justice Gibbs Salika, Justice David Canning, Justice Derek Hartshorn, Justice Oagile Dingake, and Justice Ere Kariko handed down two important decisions pertaining to the section 18 Supreme Court Application for Parliament to be recalled to move a motion of no confidence in the Prime Minister that had Grand Chief Sir Peter Ipatas, MP, as the alternative Prime Minister, and was however stopped from proceeding to the notice paper on 27 November 2024.

On Tuesday 5 March 2025, the Supreme Court refused my application for an interim injunction on the proposed amendment to section 145 of the Constitution – which would give the successful nominee 18 months before another no confidence motion could be filed.

This proposed amendment was the protective veil that the Prime Minister James Marape was trying to enact to insulate him until the 2027 National General Elections.

The court refused my application on the grounds that they lacked jurisdiction, as the Supreme Court could not interfere with Parliamentary proceedings and in so doing enforced the separation of powers pursuant to section 99 of the Constitution.

In protecting the rights of Members of Parliament to have freedom of speech, debate, and engage in Parliamentary proceedings consistent with section 115(2) of the Constitution, the interim injunction was refused.

However Mr Nomane clarified that the decision further states that the proposed amendment would have nil effect on the vote of no confidence since “the proposed constitutional amendment would operate prospectively, not retrospectively.”

That means a motion of no confidence in the Prime Minister can be moved at any time, after which, the proposed amendment will kick in.

In short, it does not start from 12 September 2024 when the VONC failed with Hon Renbo Paita as the alternative prime minister nominee.

Further the Supreme Court ruled that the challenge could be made pursuant to a special reference under section 19 of the Constitution. The good news is that section 19 reference is already on foot and the proposed section 145 amendment to the constitution will be rendered sub judice and not allowed to be debated, deliberated, or discussed in Parliament.
In short, the opportunity for a vote of no confidence in the Prime Minister is available anytime Parliament convenes and will occur swiftly if the Supreme Court rules favorably on the substantive section 18 Application set for trial on Friday March 14, 2025.

Therefore, the vote of no confidence is being vigorously defended in the Courts to ensure that the executive government is held accountable by Members of Parliament.