Challenge to Wingtl

Papua New Guinea

thrown out of court

On November 25 the National Court threw out the opposition challenge to prime minister Paias Winti’s resignation, re-election and re-appointment as prime minister in September.

National Court Justice Maurice Sheehan ruled that Wingti’s resignation, re-election and re-appointment were constitutional. He dismissed all three declarations sought by Opposition Leader Chris Haiveta in relation to the events of September 24 (see PIM Novem ber 1993). He said that Haiveta had failed to prove that the prime minister resigned on September 24 and not September 23 as Haiveta alleged.

Sheehan said that he was satisfied the time for appointment of a prime minister arises when the vacancy occurs. He said the occasion arose on the evening of September 23 when Wingti handed his letter of resignation to the governor general and that there was nothing in the constitution which shows (as Haiveta contended) that the vacancy arises when parliament is told of the resignation.

Wingti described the court decision as a constitutional landmark which will guarantee long term government stab ility in PNG. “The people of Papua New Guinea are entitled to see properly elected government run their full term,” said Wingti.

Wingti said that a fascination with power plays and dramatic court ma noeuvres orchestrated by inexperienced leaders such as Haiveta could only damage the nation.