Govt Seeks Ruling On Constitutional Requirements

Published: Thu 22 Nov 2007 12:02 PM
By Chris Leua
Gov't To Seek High Court Ruling On Constitutional Requirements
The Government, through its Attorney General, will be seeking legal clarifications from the High Court on various constitutional requirements regarding the disputed meanings and applications of sections of the Constitution and Standing Orders of Parliament before the next meeting of Parliament.
The sections involve provisions that would allow the Governor General to intervene in the current political impasse.
Attorney General Julian Moti has made the Government's intention known in his letter yesterday to the Governor General, Sir Nathaniel Waena.
The Attorney General has named Leader of the Official Opposition, the Leader of the Independent Members and the Governor General as defendants.
In the letter, the Attorney General states that in the current political climate, "it is inevitable that the present political crisis will ultimately travel along a litigious path for the final and authoritative resolution by the judiciary of the dispute concerning the proper meaning and applications of sections 102(1) and 103(1) of the Constitution and the circumstances which necessitates your intervention under Order 7(3) of the Standing Orders of the National Parliament."
"In my role as the principal legal advisor to the Government, I have decided to initiate proceedings in the High Court for the authoritative determination of these issues which currently divide legal opinion sourced by the respective legal adversaries."
"Necessarily, both Leaders of the Official Opposition and the Leader of the Independent Members are being joined as parties to the Originating Summons."
The Attorney General proposed to file the case to the High Court on Friday.
Sir Nathaniel Waena during his national address today said it is the Government's right to take the matter to the High Court.
"I will have no say on this", said Sir Nathaniel.
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