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PACIFIC UPDATE: Jitters and nerves over looming court case


Peter Niesi
 
It's not fears of a vote-of-no-confidence that's sending jitters down the spine of Papua New Guinea Government strategists as Parliament resumes this month.
What is causing nervousness is a looming Supreme Court case with the potential to undo Prime Minister Sir Michael Somare's Coalition Government.
Parliament resumed on March 3 after a three months break. Next door in Waigani Supreme Court House, directional hearings continued on the case mounted by Fly River Provincial Executive Council (PEC).
Medical doctor Bob Danaya is behind this Supreme Court reference as Western Governor and Chairman of the Fly River Provincial Executive Council. He wants the Supreme Court to rule that the Integrity Law goes against the constitutionally-guaranteed freedom of speech, freedom of conscience and freedom of association of Members of Parliament.
The law-Organic Law on Integrity of Political Parties and Candidates-was framed to make it attractive for MPs to be part of a political party before elections and prior to formation of government so they can be invited to form government.
It also made it hard for MPs to leave political parties at their own whim, or even for legitimate reasons, and bound Independent MPs who vote for the Prime Minister to maintain that in any subsequent votes of no confidence.
Dr Danaya incensed by the difficulties MPs have to part company with their political parties for what he feels can be legitimate and justifiable reasons wants these provisions measured against the constitution.
Naturally, the Opposition, noting that a Government backbencher is rocking the boat, has joined the case asking the Supreme Court to shine the spotlight. However, some in the National Alliance ranks allege the Opposition was behind the move.
This is because if successful, the Supreme Court ruling could create havoc to Prime Minister Somare and his ruling National Alliance party's ability to keep their 89-MP coalition government together.
Western, the largest province in land area in PNG, shares the Torres Strait border with Australia. Governor Danaya's PNG Labor Party (of which he is sole MP) is a part of the seemingly rock-solid government.
His Fly River PEC has engaged leading constitutional lawyer Loani Henao of Henao Lawyers to argue the case. They have been joined by another leading PNG lawyer Peter Donigi of Warner Shand Lawyers arguing for the Opposition coalition.
The Government-National Executive Council, Central Fund Commission and Registrar of Political Parties-will counter-argue through another leading PNG constitutional lawyer in Alois Jerewai of Jerewai Lawyers. And there are indications a couple of governors are knocking on the door to intervene as well.
The Integrity Law was introduced in 2001 by Sir Mekere Morauta as part of his electoral reforms package when he was Prime Minister. Morauta's intention was to stabilise politics and through that stabilise governments' terms in office which averaged 2.2 years since 1975. The Integrity Law was introduced to strengthen parties as political institutions and bind MPs so they don't party hop when there is a vote-of-no-confidence.
National Alliance and Somare became the first beneficiaries in 2002 and 2007 with invitations to form government and the binding effect of the Integrity Law to hold numbers together and remain in office.
Morauta sees the political implications but because of his sponsorship of the Integrity Law, he has taken a back seat on this.
In essence, Henao and Donigi will argue why the Supreme Court ought to rule that sections of the Organic Law on Integrity of Political Parties and Candidates encroaches on the basic rights of freedom of speech, freedom of conscience and freedom of association and is therefore unconstitutional and invalid.
Henao, in an brief interview on February 24, said: "Our client feels very strongly that freedom of speech, freedom of conscience and freedom of association which are granted in the constitution have had their effectiveness eroded or purported to be eroded by the Integrity Law.
"The constitution in so far as MPs and in relation to constitutional processes are therefore ineffective and of no use because of the quality of democratic process and quality of governance."
Asked to rate their chances in court, the plaintiff's lawyer said: "I would say that if in our view there were no merits in the arguments that we are going to advance, then we would not have taken it up."
PNG Constitution, Section 145, allows for votes-of-no-confidence against the Prime Minister after 18 months in office and a year before the election.
The grace period for the current Somare-led coalition government has ended. But there seems to be no substantive political activity.
Whatever is happening-if any at all-is done in the closet in fear of what could happen to the coalition partners and MPs amid rumours of cabinet re-shuffles.
National Alliance, the Prime Minister's ruling party, has sent signals to smaller coalition partners that they are not indispensable with "doctored" media messages of "reconciliation" with former Prime Minister Sir Julius Chan and his Peoples Progress Party (PPP).
Chan was the alternate Prime Minister in the 2007 maneuverings to form a government. His PPP has five MPs. The government has five coalition partners who have similar number of MPs (five or six in political parties).
Following a successful court case over Chan's New Ireland Provincial Government's Memorandum of Association funds from Lihir Gold Ltd, Somare flew to Kavieng to hand over a cheque of K50 million.
National Alliance strategists went into overdrive to frame this as a reconciliation between the two former prime ministers. A prime ministerial visit to Bulolo Open, electorate of PPP's outspoken MP Sam Basil, just added fuel to the reconciliation line.
Chan speaking through his advisors, says nothing has changed.




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