Constitutional issues on separation of powers

By MATTHEW VARI

Sunday, July 24, 2016 (Sunday Chronicle, PNG)

THE query of the separation of powers between the courts and the legislature was yet raised again on Friday when the Vote of No Confidence debate took place.

In his statement regarding the vote, Morobe Governor Kelly Naru pointed out provisions of the constitution to maintain equality in the three arms of government.

“The situation forced on Parliament raises a number of serious constitutional issues principle amongst which is the notion on the separation of powers,” Governor Naru said.

“Under our constitution section 99 (2) provides for the three principle arms of government, namely national parliament, national executive, and judicial system.”

“Under section 99 (3) of the constitution it is stated “in principle the respective powers and functions of the three arms shall be kept separate from each other”

He said parliament had no right in interfering with the function of the courts in the discharge of their judicial function and likewise the courts have no power to interfere with the way in which parliament goes about to conduct its business.

“Recent events and orders as given from the Supreme Court has brought the need for proper judicial interpretation to be given to the principle of separation of powers.”

“Some pertinent issues that need judicial interpretation are as follows. Can the Supreme Court issue declaratory orders to directions to parliament? To get parliament to conduct its business in a particular date according to a certain agenda that within a certain time.”

“Are the nature of the orders of the Supreme Court ordering the reconvening of parliament for this special sitting a violation of the principles of separation of powers and that it is interfering in the way which parliament is supposed to manage and conduct its business?” Naru raised.

“These must be the subject of a constitutional reference by parliament to the supreme court to get judicial clarity on the demarcation and mutual coexistence of the functioning of the principle of separation of powers of parliament and the judiciary.”