IN THE SUPREME COURT
OF THE REPUBLIC OF VANUATU
(Civil Jurisdiction)	Constitutional
Case No. 19/3258 SC/CNST  	

 	                          BETWEEN:	Gracia Shadrack
Applicant	
	AND:	Seoule Simeon
First Respondent	
AND: 	Republic of Vanuatu
Second Respondent	

Date of Hearing :
Date of Oral Decision:	6th December 2019 @ 9:30am
6th December 2019 @ 3:30pm	
Before:	Justice Oliver.A.Saksak 	
In Attendance:	Robin Tom Kapapa for the Claimant
 Nigel Morrison for the First Respondent
Frederick Gilu and Hardison Tabi for Second Respondent 
	
ORAL DECISION 

1.	The Constitutional Application filed by Mr Kapapa on behalf of the Claimant alleging breaches of the Claimant’s constitutional rights under Articles 5(1), 17(1) and 22 of the Constitution by the Speaker of Parliament when he declared the claimant’s seat vacant on Wednesday 27th November 2019 pursuant to section 2 (d) of the Parliament ( Vacation of Seats) Act, fails and is hereby dismissed.

2.	The clamant will pay the First Respondent costs of the proceeding on the standard basis as agreed or taxed.

3.	 There will be no costs to the Second Respondent.

4.	 Reasons are reserved and will be published.

DATED at Port Vila this 6th day of December, 2019
BY THE COURT

………………………
Oliver.A.Saksak
Judge