By James Guken
Chief Justice Gibbs Salika, has adjourned Deputy Opposition Leader James Nomane’s trial hearing to next Friday due to illness.
Nomane’s lawyer, Paul Mawa, clarified that there are two legal proceedings before the court.
The first case, currently on trial, challenges the Private Business Committee’s (PBC) decision to reject a no-confidence motion that nominated Sir Peter Ipatas as alternate Prime Minister. The committee, made up of only Pangu Party members, cited Parliament’s Standing Order 165, which blocks a second similar motion within 12 months.
Mawa argued that the motion of no confidence is a constitutional right, not an ordinary motion, and that the PBC’s role is purely clerical—they should verify compliance and place the motion on the notice paper, not reject it for political reasons.
While this case was ongoing, the government amended Section 145 of the Constitution, making it harder to remove the Prime Minister. Under the new law, if a vote of no confidence fails, another motion can only be moved after 18 months.
Mawa sought a court order to stop Parliament from passing this amendment but was unsuccessful. However, the court ruled that the new law would not affect the current case.
Now that the law has passed, with 82 MPs voting in favor and only 4 against, Mawa plans to file a new constitutional reference challenging its validity. The previous reference under Section 19 of the Constitution, which questioned the proposed law, will be withdrawn since the amendment is now an official law—pending the Speaker’s certification.
Mawa insists that if the court rules in favor of the Opposition, Parliament will be ordered to sit and reconsider a vote of no confidence.
Nomane’s Trial Adjourned as Opposition Challenges No-Confidence Law Port Moresby – Chief Justice Gibbs Salika, due to illness, has adjourned Deputy Opposition Leader James Nomane’s trial hearing to next Friday.
Nomane’s lawyer, Paul Mawa, clarified that there are two legal proceedings before the court.
The first case, currently on trial, challenges the Private Business Committee’s (PBC) decision to reject a no-confidence motion that nominated Sir Peter Ipatas as alternate Prime Minister. The committee, made up of only Pangu Party members, cited Parliament’s Standing Order 165, which blocks a second similar motion within 12 months.
Mawa argued that the motion of no confidence is a constitutional right, not an ordinary motion, and that the PBC’s role is purely clerical—they should verify compliance and place the motion on the notice paper, not reject it for political reasons.
While this case was ongoing, the government amended Section 145 of the Constitution, making it harder to remove the Prime Minister. Under the new law, if a vote of no confidence fails, another motion can only be moved after 18 months.
Mawa sought a court order to stop Parliament from passing this amendment but was unsuccessful. However, the court ruled that the new law would not affect the current case.
Now that the law has passed, with 82 MPs voting in favor and only 4 against, Mawa plans to file a new constitutional reference challenging its validity. The previous reference under Section 19 of the Constitution, which questioned the proposed law, will be withdrawn since the amendment is now an official law—pending the Speaker’s certification.
Mawa insists that if the court rules in favor of the Opposition, Parliament will be ordered to sit and reconsider a vote of no confidence.
