be prepared
p. 53 · Read in the full issue
Must a constitution be prepared constitutionally?
I From a Port Moresby correspondent An innovation of the third House of Assembly in Papua New Guinea has been the appointment of com mittees which do not conform to any of the patterns laid down in 'Standing Orders. One such is the very important committee set up to prepare a draft constitution.
T This situation has arisen from the fact that since its establishment in 1964 the House has had to choose between appointing a select com mittee composed exclusively of mem bers of the House, or asking the Administrator to appoint a commis sion of inquiry, a request which can be, and has been, rejected. Even if it is acceded to, the House has no right to a say in the selection of the commission’s members.
In 1967, former MHA John Stuntz brought down a private member’s bill designed to give the House power to set up its own commissions of inquiry, but the official members op posed this move and secured its defeat. There seems to be a good case for reviving Mr Stuntz’s pro posal or for amending Standing Orders to provide for a new type of committee.
In the meantime the appointment of a constitution-drafting committee itself unconstitutionally constituted has a somewhat Gilbertian flavour; and a conscientious auditor might well challenge the expenditure of public money (and this committee is likely to need to spend a lot of money) on a committee set up neither under Standing Orders nor under any existing ordinance.
Members of the committee are: Mr Michael Somare, chairman, Fr John Momis, deputy chairman, and Messrs John Kaputin, John Kaupa, Matiabe Yuwi, Paul Langro, Paulus Arek, MacKenzie Dauga, Pikah Kasau, Sinake Giregire, Stanis Tollman, Tei Abal, Toni Ila, Angmai Bilas and Dr John Guise.
The three permanent consultants to the committee are Professor J. W.
Davidson, Dr D. J. Stone and Mr E. P. Wolfers.
I Among the various people who will help on aspects of the Con stitution are Professors Y. P. Ghai, of the International Legal Centre, [United Nations, and A. Mazrui, of Makerere University, Uganda. Mr John Ley, counsel to the House of Assembly, is the committee’s legal officer.