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Supreme Court of Vanuatu |
IN THE SUPREME COURT OF
THE REPUBLIC OF VANUATU
(Civil Jurisdiction)
CIVIL CASE No. 59 of 2001
IN THE MATTER OF:
ARTICLES 6(1) AND (2) AND 53(1) AND (2) OF THE CONSTITUTION OF THE REPUBLIC OF VANUATU
(hereinafter referred to as “the Constitution”)
AND IN THE MATTER OF:
SECTIONS 218 AND 219 OF THE CRIMINAL PROCEDURE CODE ACT [CAP. 136],
as amended (hereinafter referred to as “the Act”)
BETWEEN:
Hon. NIPAKE EDWARD NATAPEI, Hon. SILAS HAKWA, Hon. REUBEN TITEK, Hon. RIALUTH SERGE VOHOR, Hon. JOE BORMAL CARLO, Hon. JACQUES SESE, Hon. CLEMENT LEO, Hon. WILLIE POSEN, Hon. DONALD K. MASIKEVANUA, Hon. HENRI TAGA, Hon. SELA MOLISA, Hon. JOSIAS MOLI, Hon. JOE NATUMAN, Hon. JEAN ALLAIN MAHE, Hon. ALLAN NAFUKI, Hon. KORA MAKI, Hon. WILSON RAY ARU, Hon. JIMMY IMBERT, Hon. SAM DAN AVOCK, Hon. JIMMY NIKLAM, Hon. PHILIP I. PASVU, Hon. JOHN MORSEN WILLIE, Hon. WILLIE O. VARASMAITE, Hon. DANIEL A. BANGTOR, Hon. GEORGE WELLS, Hon. RAKORM FOSTER, Hon. AMOS TITONGOA, care of Port-Vila, Efate, Republic of Vanuatu
Petitioners
AND:
Hon. PAUL REN TARI,
Member of Parliament for Maewo Constituency and Speaker of the Parliament of Vanuatu
First Respondent
AND:
Hon. IRENE BONGNAIM,
Member of Parliament for Ambrym Constituency and First Deputy Speaker of the Parliament of the Republic of Vanuatu
Second Respondent
AND:
Hon. HENRY IAUKOU,
Member of Parliament for Tanna Constituency and Second Deputy Speaker of Parliament of the Republic of Vanuatu
Third Respondent
ORDER
UPON hearing Mr. Silas Hakwa for the Petitioners, and Mr. Mataskelekele for the Respondents,
IT IS HEREBY ORDERED and DIRECTED THAT:
1. Leave to apply for the Writs of Mandamus and Certiorari is granted.
2. A Declaration that the decision and/or ruling by the Respondent made on 7th May 2001 to dismiss and exclude the Petitioners from attending and taking part in the proceedings of the First Extra Ordinary Session is invalid, void and of no effect.
3. A Declaration that Parliament is still meeting in its First Extra Ordinary Session in 2001 and that the decision made by the Respondent on 7th May 2001 to close Parliament’s First Extra Ordinary Session in 2001 is invalid, void and of no effect.
4. An Order quashing the Respondent’s ruling to dismiss and exclude the Petitioners from taking part in the proceedings of the First Extra ordinary Session of Parliament.
5. An Order directing the Respondent to re-convene Parliament and place before the Parliament all matters required to be transacted by Parliament in its First Extra Ordinary Session of 2001 on Monday 14 May 2001 at 08.30am so that Parliament can debate and deal with the same in accordance with the Law and Standing Orders.
6. A Declaration that the purported Motion No. of 2001 seeking to suspend Honourable Nipake Edward Natapei, Honourable Rialuth Serge Vohor and Honourable Henri Taga amounts to a breach of the constitutional rights of those Petitioners and is therefore invalid, void and of no effect.
7. A Declaration that the purported Motion No. of 2001 seeking to suspend Petitioners amounts to a breach of the constitutional rights of those Petitioners and is therefore invalid, void and of no effect.
8. A Declaration that the purported calling or Summons for the Second Extra Ordinary Session of 2001 made by the First Respondent is invalid, void and of no effect.
9. Costs of and incidental to this Petition are awarded to the Petitioners and to be paid by the Respondents. Costs be taxed failing agreement.
DATED at PORT-VILA, this 12th DAY of MAY, 2001
BY THE COURT
LUNABEK Vincent
Chief Justice
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