Wednesday, December 14, 2011
Breaking news: Sir Michael Somare is now Prime Minister
The Sir Michael Somare Cabinet has just been sworn in at Government House by Governor-General Sir Michael Ogio.
Prime Minister Sir Michael Somare is now being driven off to Morauta Haus, Waigani, followed by his ministers.
A press conference is expected to be held at Morauta Haus.
More to come.
Prime Minister Sir Michael Somare is now being driven off to Morauta Haus, Waigani, followed by his ministers.
A press conference is expected to be held at Morauta Haus.
More to come.
Tuesday, December 13, 2011
Peter O'Neill emerges from meeting with Governor-General
Peter O'Neill has just come out of Government House after a meeting with Governor-General Sir Michael Ogio.
It is understood that the Governor-General will meet with Sir Michael Somare tomorrow.
Peter O'Neill meets Governor-General
Peter O'Neill has just been allowed entry into Government House to meet Governor-General Sir Michael Ogio.
Earlier, National Alliance executives Joyce Grant and Paul Bengo, together with Nuku MP Andrew Kumbakor, had been meeting Sir Michael Ogio.
Sir Michael Somare and his Cabinet were to have been sworn in this afternoon but this was shortcircuited by the ONeill group, who forced their way past heavily-armed police after their patience ran out.
Breaking news: Peter O'Neill storms into Government House
Peter O'Neill and members of his faction have bulldozed past heavily-armed police into Government House in their bid to have Governor-General Sir Michael Ogio swear them in as the legitimate government.
It was a dangerous scene which could easily have resulted in bloodshed.
More to come
Namah/Dr Marat case adjourned to Feb 13, 2012
Contempt charges against Vanimo-Green MP Belden Namah and Rabaul MP Dr Allan Marat have been adjourned to next Feb 13.
The Supreme Court has issued certain orders, including one restraining
Namah and Dr Marat from interfering with the contempt proceedings.
The bench, headed by Chief Justice Sir Salamo Injia, also granted leave
to the court registrar to file and serve an amended statement of charge
by Friday next week.
Bail for the two leaders has also been extended to Feb 13, 2012.
Somare's Cabinet hopes to be sworn in
Only
the O'Neill/Namah group is in Parliament, with Speaker Jeffrey Nape
recognising Peter O'Neill as Prime Minister and declaring Grand Chief Sir Michael
Somare as an "ordinary citizen".
The Opposition side was empty and with less than 10 MPs in the middle benches.
Security is tight at Parliament, with the public disallowed from watching today's proceedings.
Sir Michael Somare and his "Cabinet", meantime, hope to be sworn in later this afternoon
Governor-General will not swear in anyone as Prime Minister...until
Governor-General Sir Michael Ogio will not swear in anyone as Prime Minister until he gets professional legal advice on yesterday's Supreme Court decision in favor of Sir Michael Somare and the subsequent Parliament re-election of Peter O'Neill.
Last night, he chose to rest, and not swear in either Sir Michael or O'Neill.
Last night, he chose to rest, and not swear in either Sir Michael or O'Neill.
Speaker: 'Somare is an ordinary person and not an MP'
Speaker Jeffrey Nape has just reaffirmed Peter O'Neill as Prime Minister of Papua New Guinea and declared that ir Michael Somare "is now an ordinary person and not an MP".
All this while Belden Namah and Dr Allan Marat are in Supreme Court to answer contempt charges stemming from attempting to suspend the Chief Justice.
All this while Belden Namah and Dr Allan Marat are in Supreme Court to answer contempt charges stemming from attempting to suspend the Chief Justice.
Fred Yakasa is new police commissioner, Gabriel Yer new finance secretary
Fred Yakasa was appointed as new police commissioner last night by the new Somare government, replacing Tom Kulunga.
Yakasa was the one who stopped former Prime Minister Peter O'Neill from entering Government House last night.
Former Finance Secretary Gabriel Yer was also reinstated to his position last night, replacing Steven Gibson.
Namah, Marat to appear in court today
By SAMUEL RAITANO
BELDEN Namah and Dr Allan Marat are expected to appear before the Supreme Court today for contempt charges against them, The National reports.
The charges related to their alleged orchestrating of the National Executive Council’s decision to suspend the Chief Justice Sir Salamo Injia last month.
The NEC decision was withdrawn soon afterwards but not before the two were arrested and charged with contempt. They were released on K5,000 bail.
Namah and Marat appeared in court yesterday but their case was adjourned to today because the court spent most of the afternoon delivering its ruling on the East Sepik reference case. It ended at 6.20pm.
Their matter related to the move by the NEC in the O’Neill government to sack Sir Salamo on Nov 10. The decision was reversed on Nov 14.
Sir Salamo faced misconduct allegations.
Yesterday Namah walked from the Waigani Supreme Court following the crash of the government he had engineered on Aug 2.
He hinted that “the real decision will be from parliament”
BELDEN Namah and Dr Allan Marat are expected to appear before the Supreme Court today for contempt charges against them, The National reports.
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| Namah walking to the Waigani Court House yesterday in the company of police officers to hear the decision on the reference of the validity of the government he helped set up. |
The charges related to their alleged orchestrating of the National Executive Council’s decision to suspend the Chief Justice Sir Salamo Injia last month.
The NEC decision was withdrawn soon afterwards but not before the two were arrested and charged with contempt. They were released on K5,000 bail.
Namah and Marat appeared in court yesterday but their case was adjourned to today because the court spent most of the afternoon delivering its ruling on the East Sepik reference case. It ended at 6.20pm.
Their matter related to the move by the NEC in the O’Neill government to sack Sir Salamo on Nov 10. The decision was reversed on Nov 14.
Sir Salamo faced misconduct allegations.
Yesterday Namah walked from the Waigani Supreme Court following the crash of the government he had engineered on Aug 2.
He hinted that “the real decision will be from parliament”
Parliament ‘sabotage’ leads to stand-off at Government House
PARLIAMENT’s coup to re-elect Peter O’Neill minutes after his
government was ousted by the Supreme Court nearly ended in bloodshed as
police officers prevented him from being sworn in at Government House
last night, The National reports.
Speaker Jeffery Nape was regularly informed of the court proceedings when leader of government business Moses Maladina brought forward government agenda for debate on the budget.
As soon as the court ruling of 3-2 was communicated to the speaker, he briefly left the chair and was believed to confer with O’Neill, Chris Haiveta, and chief of staff Ben Micah before executing the next move.
Nape then entered the chamber interrupting Lae MP Bart Philemon who was making his budget statement.
The speaker informed parliament that the Supreme Court had ruled that there was no vacancy. But Nape said a vacancy did occur by the decision of parliament last Friday to rescind leave of absence granted to Sir Michael which was duly signed into effect by the governor-general and gazetted to remove him as the East Sepik MP.
Nape also said parliament, again, yesterday morning made amendments to the Prime Minister and NEC Amendment Bill, effectively removing Sir Michael as prime minister. This was carried by a 71-0
vote and certified.
Given these facts, Nape said there was a vacancy in the office of the prime minister and called for nominations.
Member for Anglimp-South Waghi Jamie Maxtone-Graham nominated O’Neill, seconded by Hagen MP William Duma
Speaker Jeffery Nape was regularly informed of the court proceedings when leader of government business Moses Maladina brought forward government agenda for debate on the budget.
As soon as the court ruling of 3-2 was communicated to the speaker, he briefly left the chair and was believed to confer with O’Neill, Chris Haiveta, and chief of staff Ben Micah before executing the next move.
Nape then entered the chamber interrupting Lae MP Bart Philemon who was making his budget statement.
The speaker informed parliament that the Supreme Court had ruled that there was no vacancy. But Nape said a vacancy did occur by the decision of parliament last Friday to rescind leave of absence granted to Sir Michael which was duly signed into effect by the governor-general and gazetted to remove him as the East Sepik MP.
Nape also said parliament, again, yesterday morning made amendments to the Prime Minister and NEC Amendment Bill, effectively removing Sir Michael as prime minister. This was carried by a 71-0
vote and certified.
Given these facts, Nape said there was a vacancy in the office of the prime minister and called for nominations.
Member for Anglimp-South Waghi Jamie Maxtone-Graham nominated O’Neill, seconded by Hagen MP William Duma
Grand Chief announces interim cabinet
The new cabinet is:
Sam Abal: Deputy Prime Minister and Immigration;
Patrick Pruaitch: Treasury and Finance, and State-Owned Enterprises;
Sir Arnold Amet: Justice and Attorney General, and Public Service;
Sasa Zibe: Health, and Inter Government Relations;
Timothy Bonga: Forestry, and Internal Security;
James Marape: Education, and National Planning and District Development;
Benjamin Poponowa: Transport and Civil Aviation;
Philip Kikala: Agriculture and Livestock;
Paru Ahi: Higher Education, Research Science and Technology, and Foreign Affairs and Trade;
Fidelis Semoso: Bougainville Affairs;
Patrick Tammur: Communication and Information;
Francis Potape: Petroleum and Energy;
Ben Semri: Fisheries, and Commerce and Industry;
Tony Aimo: Correctional Services, and Lands and Physical Planning;
Andrew Kumbakor: Housing and Urban Development;
Philemon Embel: Sports and Minister Assisting the Prime Minister;
Bob Dadae: Defence;
Sani Rambi: Labour and Industrial Relations;
Dame Carol Kidu: Community Development; and
John Pundari: Mining; and
Anderson Agiru: Works, and Conservation and Environment.
Sir Michael said he had appointed the governor of resource-rich Southern Highlands province as a new minister in his cabinet and was pleased to welcome him in his new role.
He said he stood ready to lead his restored government over the next few months until the writs were issued for the 2012 election.
“The judiciary has again upheld our Constitution and maintained the independence between the three arms of government – the legislature, executive and judiciary”.
Sir Michael said the full cabinet would be announced in the next few days.
“The ministers who had defected have been decommissioned,” he added.
He called on the members of the public to remain calm and not take the law into their own hands.
“My government followed processes and waited for the appropriate authority – the judiciary to make its judgment.
Sir Michael Somare is back
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| Sir Michael Somare |
Sir Michael was reinstated as prime minister by a 3-2 Supreme Court decision yesterday which declared the election of Peter O’Neill on Aug 2 as null and void.
The court also voided his Sir Michael’s ouster as member for East Sepik.
A few minutes after the court decision, parliament voted 79-0 to retain O’Neill as prime minister. But he was denied access to Government House to be officially sworn in by Governor-General Sir Michael Ogio.
Speaker Jeffery Nape said O’Neill’s election stemmed from two recent parliament decisions. The first decision last Friday rescinded the leave of absence granted to Sir Michael in May. This had the effect that he had now missed three consecutive sittings of parliament and would, therefore, stand dismissed as the member for East Sepik.
The second referred to yesterday’s amendment to the Prime Minister & NEC Act which, among others, contended that should a prime minister absent himself from the country for three months, which Sir Michael did while on medical leave, a vacancy would arise in the
office of the prime minister.
Declaring that these actions created a new vacancy regardless of the court decision, parliament on a nomination from Anglimp-South Waghi MP Jamie Maxtone-Graham elected O’Neill unopposed by 69 votes to nil.
While the court decision stated that all subsequent decisions by the O’Neill government stands voided, it is uncertain whether parliament was included as this would have an important bearing on its actions last Friday and yesterday, which led to the re-election of O’Neill yesterday.
This confusion unfolded later in a tense drama outside Government House last night when a police contingent, headed by senior police officers Fred Yakasa and Joseph Tondop, held off the O’Neill convoy from entering the Government House for the swearing-in ceremony.
Police Commissioner Tom Kulunga was dispatched to the Government House soon after that but, in the end at 8.30pm, the governor-general’s official secretary informed police at the gate that Sir Michael Ogio had retired for the day and will not perform any official duty until today.
A policeman said a court order was delivered earlier in the afternoon to Government House not to entertain any swearing-in ceremony which led to the police move to prevent any ceremony taking place last night.
Police manning the blockade said there was confusion as there were no proper instructions from government lawyers as to what the real situation was last night or who really was in charge.
The stand-off was still maintained at 9.30 last night.
The remnants of the Somare regime last night met and announced a caretaker cabinet
Monday, December 12, 2011
Breaking news: Peter O'Neill re-elected as Prime Minister
Immediately after the court ruling, ousted Prime Minister Peter O'Neill was rushed to Parliament and re-elected as Prime Minister 69-0.
He was then rushed to Government House to be sworn in as Prime Minister
He was then rushed to Government House to be sworn in as Prime Minister
Court rules in favor of Somare
The Supreme Court has ruled 3-2 in favor of former Prime Minister Sir Michael Somare.
Chief Justice Sir Salamo Injia, and judges Nicholas Kiriwom and Les Gavara Nanu ruled in favor of Sir Michael while Deputy Chief Justice Gibbs Salika and judge Bernard Sakora went for O'Neill.
The court ruled that O'Neill was wrongly elected as Prime Minister on August 2 as there never was a vacancy in the office at that time.
It further ordered that Sir Michael be restored forthwith back into office and that Parliament sit to right its wrong.
More to come
HIV/AIDS a concern to food insecurity
By JAMES LARAKI
OVER the last few
weeks leading to December 1, many organisations were engaged in various activities
to commemorate the World AIDS Day.
World AIDS Day, observed December 1 every
year, is dedicated to raising awareness of the pandemic.
| Staff of the Department of Agriculture and Livestock with banners and awareness materials before joining the march to commemorate World Aids Day on December 1.-Picture by SOLDIER BURUKA |
It is an opportunity
for people worldwide to unite in the fight against HIV/AIDS and show support
for people who are either infected or affected.
HIV/AIDS has
become a cross-cutting issue affecting all frontiers of development along with
other issues like climate change.
The epidemic has and will continue to affect
all sectors of development and communities, thus requires us to respond to it.
When the HIV/AIDS
pandemic touches the lives of those infected and affected, it impacts on
financial, social and to a lesser extent on natural and physical
resources.
The pandemic is
a global crisis which demands urgent attention, commitment and sustainable
actions by all stakeholders; civil society, private sector, government agencies,
non-government organisations, women and youth groups, churches, and
individuals.
For the
agriculture sector, the rapid rise of HIV/AIDS in both urban and rural areas
poses direct impact on food insecurity in households and communities.
Therefore,
the sector must take on the challenges of addressing this pandemic because
majority of our population is dependent on agriculture for their livelihood.
Agriculture
is the backbone of the economy, thus it is important that collective efforts
are needed to address the likely impacts of the pandemic to the sector.
While the
impact of HIV/AIDS is not yet seriously felt in PNG, it is clear that the pandemic would
certainly have an effect on our agriculture system if it is allowed to spread
at its current trend.
In
some countries with high HIV/AIDS prevalence, the agricultural sector it is
already having noticeable impact on households’ ability to produce their own
food.
Food insecurity, labour shortage, loss of household income, shift in the
type farming practices and loss of knowledge on traditional method of farming
are some of the effects that HIV/AIDS could have on agriculture development.
Labour
shortage is likely to have serious implications as our agriculture is based on
human labour, thus majority of our people feed on what they produce.
It will
mean there will not be enough labour to work, directly affecting food
production as well as limiting income to households.
It is also likely that human
resources development will be affected where organizations may lose people with
specific skills, reliable and hard working.
Some
efforts are being made in the sector to respond to the impacts of HIV/AIDS.
NARI is aware of these issues and has initiated necessary steps to address the
problem effectively by mainstreaming HIV/AIDS.
Not only is the Institute
concerned with minimising risks and disruption and distress at its workplaces
but also with orienting its research and development activities to minimise
and/or alleviate the effects of the epidemic on farming systems and
agricultural communities.
To
strengthen its commitment, the institute developed and launched its HIV/AIDS
Workplace Policy in 2007, which emphasises NARI’s concern on the rapid spread of
the epidemic, especially in the rural areas where NARI’s work is focussed.
NARI
workplace policy is intended to provide guidelines for the Institute practices
with respect to its mandate and stakeholders, and the mainstreaming of
strategies to deal with the implications of the epidemic in its core research
and development activities.
The Department of Agriculture
and Livestock has finalised a HIV/AIDS workplace policy which is expected to be
officially launched.
This policy document is intended to ensure that there is a
consistent and equitable approach to the prevention of HIV/AIDS among farmers
and their families, and to the management of the consequences of HIV/AIDS
including the care and support of staff members living with HIV/AIDS.
The
department has also initiated awareness activities to educate extension
officers, farmers and the agriculture workforce.
Didiman and didimeris throughout the
country are being reminded of their roles in HIV/AIDS response activities of
the sector.
They are encouraged to work closely with other government agencies,
the private sector, NGOs and others to inform and educate farmers and their
families about the likely impacts of the epidemic in their households and
communities.
While
these efforts are appreciated, there is an urgent need for key stakeholders in
the agriculture sector to collectively understand and prepare for the likely
impact of HIV and AIDS on our food and agricultural systems.
We need to develop
strategies to address the likely impact that HIV/ AIDS would have on our
agricultural system, particularly in relation to food, nutrition, and labour
requirements.
It is
no easy task, particularly during a time where we have to deal with other
issues like climate and volatile food prices which also demand urgent
attention.
It is,
therefore, important for us to explore which agricultural systems are being or
will be affected in what ways and what aspects of each agricultural system are
most vulnerable.
This will help us to formulate strategies for the way forward
for agricultural development.
It is essential for agriculture sector to develop
strategies to address issues concerning what is happening, what is likely to
happen, what can be done, what are the likely responses, and gender issues.
Peter O’Neill: Govt is in control
By ISAAC NICHOLAS
Prime Minister Peter O’Neill has assured the nation that the government is in total control and using its rights under the Constitution to address issues before the Supreme Court, The National reports.
O’Neill also urged public servants to display professionalism, referring to claims that an aircraft had been chartered to bring in chiefs, soldiers and police officers from Wewak for the Supreme Court ruling today.
He said the application filed by lawyer Philip Ame to have Chief Justice Sir Salamo Injia disqualified from presiding over a Supreme Court case was the government exercising its right under the law. The case relates to the East Sepik provincial executive reference challenging the legality of the government he formed on Aug 2.
“I appeal to the people of Papua New Guinea that there is a government in place and in total control,” he said.
“The government respects the country and it has the authority using provisions of the Constitution under law to address issues in relation to the case before the Supreme Court.”
O’Neill said there were issues of conflict of interest that the government must address within the provisions of the constitution.
“There is nothing unusual about addressing conflict. The government is not trying to frustrate justice over the delay in the decision,” he said.
“We want the decision to be handed down quickly and we are confident after we raise all the issues before the court in relation to bias.”
Meanwhile, O’Neill appealed to the people to remain calm alleging that a chartered aircraft had brought in chiefs, police and Defence Force personnel.
O’Neill said Police Commissioner Tom Kulunga had asked the police to report back to their work stations in East Sepik.
‘Speaker hides from being served notice’
By JEFFREY ELAPA
PARLIAMENT Speaker Jeffery Nape is reportedly avoiding the service of court documents over an alleged contempt of court, The National reports.
Plaintiffs in the court suit are suspended Angoram MP Arthur Somare, Madang Regional MP Sir Arnold Amet and other politicians loyal to the former Somare-Abal regime.
Somare yesterday claimed that they could not serve the court documents on Nape as he was avoiding them.
Sir Arnold told reporters that Nape’s contempt proceedings, filed last Friday, were related to his May 6 decision to sack Grand Chief Sir Michael Somare as the regional member for East Sepik.
Somare and Sir Arnold said other contempt court proceedings would be taken out against Deputy Prime Minister Belden Namah for moving a motion to disqualify Sir Michael and Sam Basil for seconding the motion on May 6.
Others cited in planned contempt proceedings included Inter-Government Relations Minister Mark Maipakai (for his threatening letter to East Sepik Governor Peter Wararu to withdraw the court reference) and Prime Minister Peter O’Neill for a letter he also wrote on behalf of cabinet.
Sir Arnold said individual members of cabinet who deliberated on the matter would also be hauled before the court because their actions had been in contempt of court despite the matter being withdrawn.
He said another application would be filed for a court interpretation of last Friday’s move to rescind the decision to grant leave of absence for Sir Michael.
The matter on the attempt to withdraw the financial powers of the East Sepik provincial government would also be taken to court, Sir Arnold said.
PARLIAMENT Speaker Jeffery Nape is reportedly avoiding the service of court documents over an alleged contempt of court, The National reports.
Plaintiffs in the court suit are suspended Angoram MP Arthur Somare, Madang Regional MP Sir Arnold Amet and other politicians loyal to the former Somare-Abal regime.
Somare yesterday claimed that they could not serve the court documents on Nape as he was avoiding them.
Sir Arnold told reporters that Nape’s contempt proceedings, filed last Friday, were related to his May 6 decision to sack Grand Chief Sir Michael Somare as the regional member for East Sepik.
Somare and Sir Arnold said other contempt court proceedings would be taken out against Deputy Prime Minister Belden Namah for moving a motion to disqualify Sir Michael and Sam Basil for seconding the motion on May 6.
Others cited in planned contempt proceedings included Inter-Government Relations Minister Mark Maipakai (for his threatening letter to East Sepik Governor Peter Wararu to withdraw the court reference) and Prime Minister Peter O’Neill for a letter he also wrote on behalf of cabinet.
Sir Arnold said individual members of cabinet who deliberated on the matter would also be hauled before the court because their actions had been in contempt of court despite the matter being withdrawn.
He said another application would be filed for a court interpretation of last Friday’s move to rescind the decision to grant leave of absence for Sir Michael.
The matter on the attempt to withdraw the financial powers of the East Sepik provincial government would also be taken to court, Sir Arnold said.
Sir Arnold Amet: It is contempt
By FRANK SENGE KOLMA
PARLIAMENT last Friday created a vacancy in the office of the prime minister and rendered useless any decision of the Supreme Court due today, whichever way the decision leans, former attorney-general Sir Arnold Amet claimed yesterday, The National reports.
“The court decision will be meaningless. We have created a fresh vacancy. There can be no other purpose to rescind that leave for,” Sir Arnold said.
He said all the issues pertaining to Sir Michael’s dismissal by the speaker on Sept 6 were part and parcel of proceedings in court, yet, the government had gone ahead to declare a vacancy in the office of the member of East Sepik a second time which, he claimed, was contemptuous of the proceedings.
Last Friday, the government, using its numerical strength, voted 64-0 on a motion by Deputy Prime Minister Belden Namah to rescind the vote in May when parliament granted Grand Chief Sir Michael Somare leave on medical grounds to be absent from that sitting.
The Governor-General, Sir Michael Ogio, had signed instruments creating a vacancy in the East Sepik provincial seat.
Last Friday morning, the Supreme Court had deferred to today its ruling on the East Sepik provincial executive council’s application on the legality of Peter O’Neill’s election as prime minister on Aug 2.
It followed a last-minute application by O’Neill to have Chief Justice Sir Salamo Injia
stood down from hearing the case, alleging bias.
The court will decide that application first and then deal with a contempt matter against Namah and Attorney-General Dr Allan Marat before bringing down its decision on the special reference to decide the fate of the O’Neill government.
This was the second time Sir Michael had been removed as member for East Sepik.
Speaker Jeffery Nape on Sept 6 summarily dismissed Sir Michael on grounds that he had absented himself from three consecutive parliament meetings.
Nape claimed then that the May motion to grant leave of absence was defective in that it should have covered three sittings, and not one.
Sir Michael has gone to court challenging that removal on grounds that, excluding the sitting where parliament granted him leave of absence, he had only been absent for two sittings.
Sir Michael’s case comprised part of the special reference which decision was due today.
The grand chief yesterday expressed surprise and shock at the Nape decision last Friday to remove him. “In 40 years, this is the first time it has happened. I am shocked. I was present in parliament.
“Stupidity made him blind.”
Last Friday’s parliament vote effectively absented Sir Michael for three consecutive sittings and created a vacancy in the office of the prime minister.
It also meant that if the court ruled today against O’Neill, Sir Michael cannot assume the position.
Thus, the position of the prime minister is vacant and the election of a prime minister becomes the first business for parliament at its next meeting.
Sir Arnold, accompanied by Sir Michael and 12 MPs, said yesterday the government had acted in contempt of the process before the Supreme Court.
He described the move as “corrupt, convoluted, illegal, perverted, insane” and “absolutely contemptuous” of the court proceedings.
“Numerical strength does not supersede the Constitution and the rule of law,” Sir Arnold said.
“This is a continual perversion of the Constitution. This regime has violated the rule of law and constitutional democracy.”
Sir Arnold also said they were working on referring O’Neill and his entire cabinet, Namah, Marat and Nape to court for contempt
PARLIAMENT last Friday created a vacancy in the office of the prime minister and rendered useless any decision of the Supreme Court due today, whichever way the decision leans, former attorney-general Sir Arnold Amet claimed yesterday, The National reports.
“The court decision will be meaningless. We have created a fresh vacancy. There can be no other purpose to rescind that leave for,” Sir Arnold said.
He said all the issues pertaining to Sir Michael’s dismissal by the speaker on Sept 6 were part and parcel of proceedings in court, yet, the government had gone ahead to declare a vacancy in the office of the member of East Sepik a second time which, he claimed, was contemptuous of the proceedings.
Last Friday, the government, using its numerical strength, voted 64-0 on a motion by Deputy Prime Minister Belden Namah to rescind the vote in May when parliament granted Grand Chief Sir Michael Somare leave on medical grounds to be absent from that sitting.
The Governor-General, Sir Michael Ogio, had signed instruments creating a vacancy in the East Sepik provincial seat.
Last Friday morning, the Supreme Court had deferred to today its ruling on the East Sepik provincial executive council’s application on the legality of Peter O’Neill’s election as prime minister on Aug 2.
It followed a last-minute application by O’Neill to have Chief Justice Sir Salamo Injia
stood down from hearing the case, alleging bias.
The court will decide that application first and then deal with a contempt matter against Namah and Attorney-General Dr Allan Marat before bringing down its decision on the special reference to decide the fate of the O’Neill government.
This was the second time Sir Michael had been removed as member for East Sepik.
Speaker Jeffery Nape on Sept 6 summarily dismissed Sir Michael on grounds that he had absented himself from three consecutive parliament meetings.
Nape claimed then that the May motion to grant leave of absence was defective in that it should have covered three sittings, and not one.
Sir Michael has gone to court challenging that removal on grounds that, excluding the sitting where parliament granted him leave of absence, he had only been absent for two sittings.
Sir Michael’s case comprised part of the special reference which decision was due today.
The grand chief yesterday expressed surprise and shock at the Nape decision last Friday to remove him. “In 40 years, this is the first time it has happened. I am shocked. I was present in parliament.
“Stupidity made him blind.”
Last Friday’s parliament vote effectively absented Sir Michael for three consecutive sittings and created a vacancy in the office of the prime minister.
It also meant that if the court ruled today against O’Neill, Sir Michael cannot assume the position.
Thus, the position of the prime minister is vacant and the election of a prime minister becomes the first business for parliament at its next meeting.
Sir Arnold, accompanied by Sir Michael and 12 MPs, said yesterday the government had acted in contempt of the process before the Supreme Court.
He described the move as “corrupt, convoluted, illegal, perverted, insane” and “absolutely contemptuous” of the court proceedings.
“Numerical strength does not supersede the Constitution and the rule of law,” Sir Arnold said.
“This is a continual perversion of the Constitution. This regime has violated the rule of law and constitutional democracy.”
Sir Arnold also said they were working on referring O’Neill and his entire cabinet, Namah, Marat and Nape to court for contempt
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