BY MELVILE TITIULU
In a landmark decision that reshapes the Solomon Islands’ constitutional balance, Chief Justice Sir Albert Palmer today ruled in favour of the 28MP majority opposition coalition, finding that the GovernorGeneral has the residual authority to convene Parliament and that the Prime Minister’s advice refusing to summon Parliament was unlawful.
Claimants Lawyer Gabriel Suri told Island Sun that today’s ruling is a victory for parliamentary democracy and a victory for the people, as the Chief Justice had plainly said it’s the power of the people that the three arms of Government exercised.
Chief Justice Sir Albert Palmer gave two options for the Prime Minister which are to either resign or advise for the convening of parliament within the next three days and face the Motion of no Confidence.
Court also ordered cost on indemnity basis upon Prime Minister Jeremiah Manele and the Attorney General.
The court also found that the Speaker of Parliament acted within the bounds of the standing orders therefore no order for cost was imposed upon the speaker. Also, no order for cost was laid against the Governor General.
The ruling orders the PM to summon and convene Parliament within three days without further delay so that the pending noconfidence motion and the outstanding business on the provisional paper can be considered. In an event of failure, the Governor General is to engage.
The court today also dismissed the respondents’ strikeout application brought by AttorneyGeneral John Muria Jnr.
However, the AttorneyGeneral John Muria Jnr told Island Sun outside the High Court that he will appeal the Chief Justice’s decision.
