THE Special Reference initiated by Dr Allan Marat
should be legally challenged by lawyers for Grand Chief Sir Michael Somare.
Legally, Dr Allan Marat may not have locus standi under section 19 (3) of the Constitution.
Following the Supreme Court decision and orders of December 12, 2011 Dr Allan Marat would be an ordinary Member of Parliament.
The first issue then for the Supreme Court is to establish the legal capacity of Dr Allan Marat. Is Dr Allan an appropriate authority under section 19(3) of the Constitution to initiate a Special Court Reference?
Second issue is tenure of the Government of Grand Chief Sir Michael Somare. When was the Government of Somare legally removed from Office?
Legally, after 12 December 2011 ruling and orders the Government of Grand Chief Somare holds a normal term under section 147 of the Constitution.
The third issue flows from the second. It is on the vacancy in the Office of the Prime Minister. When was Parliament first informed of a vacancy in the Office of the Prime Minister after the Supreme Court ruling and orders on 12 December 2011?
The time has come for the O’Neill - Namah regime to stop the untenable legal gymnastics before the Supreme Court. Dr Marat can assist by discontinuing the Special Court Reference and bowing out of the Office of the Attorney General of PNG.
Legally, Dr Allan Marat may not have locus standi under section 19 (3) of the Constitution.
Following the Supreme Court decision and orders of December 12, 2011 Dr Allan Marat would be an ordinary Member of Parliament.
The first issue then for the Supreme Court is to establish the legal capacity of Dr Allan Marat. Is Dr Allan an appropriate authority under section 19(3) of the Constitution to initiate a Special Court Reference?
Second issue is tenure of the Government of Grand Chief Sir Michael Somare. When was the Government of Somare legally removed from Office?
Legally, after 12 December 2011 ruling and orders the Government of Grand Chief Somare holds a normal term under section 147 of the Constitution.
The third issue flows from the second. It is on the vacancy in the Office of the Prime Minister. When was Parliament first informed of a vacancy in the Office of the Prime Minister after the Supreme Court ruling and orders on 12 December 2011?
The time has come for the O’Neill - Namah regime to stop the untenable legal gymnastics before the Supreme Court. Dr Marat can assist by discontinuing the Special Court Reference and bowing out of the Office of the Attorney General of PNG.
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