Time for Papua New Guineans to oppose leaders who dont respect the rule of law
The O'Neill/Namah regime has no respect for the rule of law and set procedures.
By Michael C Cholai
The country is faced with a constitutional crisis which must be resolved if we are to see our way forward as a truly democratic country.
- Parliament by its numbers has passed a motion deferring the Election for 6 months as of 27 April 2012.
- Despite the motion by Parliament, the National Executive Council (NEC) subsequently agreed to postpone the election to 18 May but this decision by NEC was not brought back to be repealed, so in effect the Parliament’s vote is valid and overrules the decision of the NEC.
- By 27 April 2012, the day designated by the electoral commissioner to be the date when the laws allows him to call for the writs to be opened, all members of Parliament, all Ministers, Prime Minister, Deputy Prime Minister and Speaker must relinquish their office and title and any powers given to them by virtue of the public office they hold automatically lapses and they all become like any ordinary unemployed citizen of this country.
- By voting for an extension of election for 6 months does not automatically allow each one of them to assume the position he holds prior to 27 April 2012.
- Parliament is the only body that must amend the Constitution to ensure that the members continue as members of Parliament and exercise the powers they are allowed to exercise by virtue of that office they hold prior to 27 April 2012.
- Since no constitutional amendment was sought by Parliament before 27 April 2012, and it will most likely not happen as the last sitting was in early April, we now face that crisis.
- Parliament by law cannot sit after 27 April 2012 as there are no longer members and as such any one of them be they Ministers or Prime Minister cannot make any pronouncements to do with the office he or she once held prior to 27 April 2012.
- And if they are no longer members of Parliament, then who is going to run the country for 6 more months that the members of Parliament have allowed to themselves without clearing the legal obstacle they will now face thus throwing the whole country into a constitutional crisis.
This is a very important matter of state that has been overlooked by Parliament and its advisors. The court is the only body to truly interpret the acts of government as to whether or not it complies with our Constitution. To allow a law, which ties the hands of the Judiciary to be mindful of the repercussions of its decision should it goes against any whims of Parliament, is really taking away the peoples’ hopes of having a constitution which protects their basic rights and freedom. It also creates suspicion in the minds of everyone that our institutions, which are supposed to protect and take care of us, are all corrupted and we will have greater lawlessness and disorder in all institutions of state and our attitudes to each other and to our work.
We have to speak up against such acts perpetrated by persons who now run the country without any considerations to the rule of law and proper established processes and principles. We have to put a stop to it through you choosing the kind of leadership that follows laws and legal processes, thus creating back a feeling of security and order in all aspects of our life. Businesses cannot prosper in a climate of uncertainty and we run the risks of losing our investors on ground if they feel that there is uncertainty in government actions and decisions. Choose carefully your leaders in the coming Elections and vote to stop this rot continuing past July 2012.
- Michael C Cholai is a Papua New Guinean lawyer based in the PNG town of Alotau. His commentary was originally published in a Google Group Manus Professionals for Community Development Inc.