Appeal Court quashes decision of Supreme Court

The Vanuatu Court of Appeal has quashed the decision of the Supreme Court that prevented the Speaker from convening the First Ordinary Session of Parliament.

The Monday parliament session was scheduled to debate 12 government bills.

On Monday, Parliament was already in session, and the President had delivered his speech when the Speaker was served with the Supreme Court interlocutory injunction to stop the session until full hearing and further court orders are made.

The (then) success application was filed by the Leader of Opposition and former Attorney General and 13 other members of the opposition.

Later that morning, Mr Justice Oliver Saksak ruled that the convening of the First Ordinary Session was unconstitutional because the Special Parliament Sitting that was to have debated the constitutional changes but was boycotted by the opposition was still alive. Opposition claimed their rights were infringed because they did not attend the session or were in court when the session took place.

But about midday today, there was a twist of events when the Court of Appeal quashed the Supreme Court judgment.

Chief Justice Vincent Lunabeck, who was a member of the 6 member panel in the Appeal Court, said "it is a disaster and we will not accept that, anymore".

During this morning’s hearing, Leader of Opposition Ishmael Kalsakau through his lawyer Paul Avock found difficulty proving that the Speaker of Parliament, Esmon Saimon’s decision was in breach of the constitutional rights of the 14 opposition MPs.

The judges reminded Mr Avock that parliament shall make its own rules and Court is not here to direct to instruct the parliament.  

Meanwhile, Parliament is to reconvene this afternoon.

     

Author: 
Harold Obed