By Georgina Maka’a
Chief Justice Sir Albert Palmer is expected to make a ruling as early as next week on the Government’s bid to strike out the case challenging its decision to defer the national elections.
Lawyers representing the Government, including Australian Timothy Mathews (Kings Counsel), today made submissions in the High Court asking Sir Albert to strike the case out.
Leader of the Independent Group in Parliament, John Kuku, filed the case in court in June, arguing Government decision to defer the elections was unconstitutional.
Kuku had asked the court to declare that the current parliament is dissolved on May 23, 2023, in accordance with Section 73 (3) of the Constitution.
He named the Speaker of Parliament, Prime Minister Manasseh Sogavare, and the Governor General as defendants in the case.
But in a packed courtroom today, Mathews, who appeared for the Speaker of Parliament, argued the Constitution Amendment Bill the government brought that resulted in the deferment of the election was constitutional.
Attorney General John Muria Jr., who represents the Prime Minister, told the court that Solomon Islands follows the Westminster system, which all Commonwealth countries follow.
“The interpretation of Section 61 of the Constitution is clear,” Muria said.
“There are only three readings in parliament: the first reading, the second reading, and the third reading, and we cannot change that; it is the same with the constitution of countries that follow the West Minister system,” he added.
Private lawyer Billy Titulu who appeared for Kuku, said if the court rules in his client’s favour and declares the Constitution Amendment Act 2022 invalid because it breaches the procedural requirement under the constitution, that would be the end of the proceeding.
Government’s intention to defer the elections was widely opposed from the start.
Organizations such as the Chamber of Commerce and Solomon Islands Christians Association (SICA) were two of the staunch opponents.
Elections in Solomon Islands are held every four years in accordance with the Constitution.