Governor General or the Prime Minister
Chief Justice Sir Albert Palmer reserves ruling in Coalition–GNUT case for Monday next week
By ASSUMPTA BUCHANAN
Solomon Star, Honiara
Chief Justice Sir Albert Palmer has reserved his ruling in the constitutional case between the New Coalition and the Government for National Unity and Transformation (GNUT), with a tentative date for delivery on Monday at 2pm.
The final hearing lasted for most of the day, spanning several hours with two short breaks in between, as both sides presented extensive arguments.
Yesterday, lawyers for both the claimants and the defendants made submissions on both the substantive constitutional claim and the strike-out application filed by the Attorney General John Murai Junior.
The court had earlier dismissed an application for security for costs filed by the Attorney General, as well as a separate application by the Kadere Party seeking to join the proceedings as a party to the defendants.
Speaking outside court to the media, counsel for the claimants, Gabriel Suri, said the case centres on who has the constitutional authority to determine the date and time for Parliament to convene.
He said the claimants argue that the Governor-General holds such authority through express, implied and reserve powers under the Constitution.
“That is what the court will determine,” Suri said, adding he remains confident but will respect the court’s decision.
Attorney General John Muria Jr, also speaking outside court, maintained the Government followed existing legal processes and argued the matter should remain within Parliament unless a legal wrong is established.
The case, fast-tracked due to its national significance, was brought by a group of 28 Members of Parliament challenging the Government’s authority to convene Parliament amid uncertainty over majority support.
The defendants are the Governor-General, the Prime Minister, the Speaker of Parliament and the Attorney General.
It also follows earlier delays caused by issues with the court’s electronic filing system.
Chief Justice Albert Palmer will now determine both the strike-out application and the substantive constitutional issues.
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One of the claimants’ lawyer, Gabriel Suri walks out of the High Court after the closing of the hearing on Friday
