A Supreme Court Application by the Opposition Leader and Member for Vanimo Green Belden Namah seeking interpretation on the process involved in electing Prime Minister James Marape is set for Directions hearing on the 10th of August.
Mr Namah, re-filed the application last week after the National Court uplifted his suspension as the Member for Vanimo Green.
The application seeks the Court’s Interpretation on eight different sections of the constitution that allows for the election of the Prime Minister.
Belden Namah believes that the process involved in electing the Prime Minister James Marape was unconstitutional.
The application filed, seeks interpretation on sections 11, 50, 108, 114, 133, 134, 142 and 158(2) of the Constitution.
In a media conference, Namah highlighted section 114 of the Constitution that allows for voting in parliament.
Section 114 (1) states, all questions before a meeting of the Parliament shall be decided in accordance with the majority of the votes of members present and voting.
On 30th May, James Marape, Sir Mekere Morauta and Peter O’Neil were nominated for the Prime Minister seat. They all accepted the nominations and the Speaker of Parliament, Job Pomat, closed the nominations.
But just before voting, Peter O’Neil withdrew.
If this Supreme Court Application is successful, the Opposition Leader is seeking;
- a declaration that the election of James Marape as the Prime Minister on the 30th of May 2019 was unconstitutional and his appointment to the office of the Prime Minister was invalid, ineffective and void,
- a declaration that the office of the Prime Minister is currently vacant
- an order that the speaker convene Parliament as soon as practicable for the purpose of deciding on the appointment of its members to the Office of the Prime Minister.
Whichever way the case goes, it sets precedence on how future elections of the Prime Minister are conducted in the country.
Meanwhile Prime Minister James Marape has ordered an investigation into the alleged assault of the person who went to serve him these court files at the Sir Manasupe Haus.