Group ‘No’ members, through their legal counsel, Silas Hakwa, are appealing part of the decision made by Chief Justice (CJ) Vincent Lunabek on May 25, 2024.
In the CJ’s ruling, several decisions and orders were made: The decision on the constitutionality of the Political Parties Registration Act No. 15 of 2023 has been adjourned, and pending before the court as there is no urgency to deal with it.
The declaration that the Constitution (Eighth) (Amendment) Act No. 21 of 2023 is unconstitutional was refused as premature. The challenge to the constitutional validity of the Constitution (Eighth) (Amendment) Act No. 21 of 2023 in Constitutional Case No. 1431 of 2024 was dismissed. However, the challenge to the Political Parties Registration Act No. 15 of 2023 in Constitutional Case No. 1432 of 2024 is scheduled for a conference on August 19, 2024, at 8:30am, with the option for an earlier date if requested by counsel and parties.
The order to restrain the Electoral Commission from organising a National Referendum under the Referendum Act No. 04 of 2024 for the purposes of the Constitution (Eighth) (Amendment) Act No. 21 of 2023 was refused and each party is to bear its own costs.
The grounds for the appeal, to name a few include the following: The Respondent did not present or rely on any evidence provided by the President of the Republic in the court proceedings. The CJ allegedly erred in law by stating in paragraph 49 of his decision that “The assent of the President to the Constitutional Amendments Act No. 21 of 2023 is subject to and conditional upon the support of the referendum fixed on May 29, 2024, pursuant to Article 86 of the Constitution,” without any legal or evidentiary basis provided by the President.
The findings in paragraph 49 are allegedly inconsistent with the initial ruling and the Respondent’s concession. Furthermore, the Chief Justice allegedly erred in law by stating, “There is nothing wrong with what the President did when he assented to the Constitution (Eighth) (Amendment) Act No. 21 of 2023 on December 29, 2023.”
The applicants are seeking the following remedies or orders: To quash the declaration that the Constitution (Eighth) (Amendment) Act No. 21 of 2023 is unconstitutional as premature, and to overturn the dismissal of the relevant part of Constitutional Case No. 1431 of 2024 that challenges the constitutional validity of the Constitution (Eighth) (Amendment) Act No. 21 of 2023.
Source: glenda@dailypost.vu, Vanuatu Daily Post.
