3 min 1 yr 1008

By Georgina Maka’a 

GOVERNMENT will seek to strike out the case challenging its controversial decision to defer the national elections from May this year to early 2024. 

Leader of the Independent Group in Parliament, Dean Kuku, lodged the case in the High Court last month, arguing the decision was unconstitutional. 

Kuku had asked the High Court to declare that the current parliament is dissolved on 23 May 2023 in accordance with Section 73 (3) of the Constitution. 

He named the Speaker of Parliament, Prime Minister Manasseh Sogavare and the Governer General as defendants in the case. 

But inside a packed High Courtroom this afternoon, Wilson Rano, the private lawyer representing the Speaker of Parliament, said he’ll be making submissions to “strike out the case”. 

“We believe the case lacks merit, too academic and an abuse of the court process,” Rano told reporters outside the High Court. 

Rano and the Solicitor General Savenaca Banuve, who is representing the Prime Minister and the Governor General, will make submissions when the case returns before Chief Justice Sir Albert Palmer on August 31. 

Lawyer Wilson Rano walking alongside his female colleague after the hearing this afternoon at the High Court

“These will be the basis of our application to have the case struck out,” he added. 

The Government, using its numerical strength in parliament, amended sections of the Constitution last September to defer the elections. 

Prime Minister Manasseh Sogavare said he wanted the elections delayed to allow the Government to concentrate its efforts and finances to host the Pacific Games in November this year.  

But Kuku, who openly opposed the move when it was debated in parliament, said he believes the decision was unconstitutional.  

“The whole intention of this court challenge is to question whether Parliament did the right thing in passing the law,” Kuku said in an earlier statement.  

“Did it adhere to the procedures prescribed by the Constitution for its alteration?”  

He said the primary aim of his court challenge is to safeguard the Constitution and to ensure it is accorded the highest level of respect.  

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 staunched opponents.  

Elections in Solomon Islands are held every four years in accordance with the Constitution. 

Kuku has engaged private lawyer Billy Titiulu to take up the case on his behalf.

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3 min 1 yr 1009