Registrar replies

Madam, With reference to the article by Patrick Decloitre headed ‘Vanuatu’s post-election trade-horsing’ which appeared in the January 1996 issue for your magazine, he says: “It was Chief Justice Charles Vaudin d’lmecourt who had to rule in favour of the Prime Minister’s list”. That statement is both factually misleading and legally incorrect.

The Supreme Court was petitioned by the then Prime Minister, Maxime Carlot Korman and the Minister of Finance, Willy Jimmy in order to establish which of two lists, (the then Prime Minister’s list or the Party Executive list) should prevail as the official list of the Union of Moderate Party’s official candidates at the then forth coming general elections. In order to decide the issue, the Court had to look at and consider the constitution of the UMP.

Indeed the Court had not two, but three lists to consider and adjudicate upon. 1) The applicants’ list (P.M.’s and Minister of

Finance’s list); 2) The National Executive of the UMP list (commonly and mistaken ly referred to as Mr Vohor’s list) and 3) The National Congress of the UMP list.

There had been an Extraordinary National Congress called by the National Executive of the Party, which was held on the island of Epi between the 17 and 22 September 1995. The main purpose of that meeting was to establish, at the highest level of the Party, a list of candidates for the then forth coming general elections. That list was ignored by all the parties before the court.

The learned Chief Justice ruled that, in the circumstances prevailing at the time, it was the Party Congress that could establish the list of official candidates at the general elections. The Court was able to reconsti tute that original ‘Epi Congress list’ from an amalgamation of names from both the ‘Executive list’ and the ‘P.M.’s list’, all names having been registered in time to be considered as candidates at the then forth coming elections.

Mr Decloitre had access to that judge ment. I fail therefore, to understand how he could have come to the conclusion that the

Chief Justice had ruled “in favour of the Prime Minister’s list”.

Vincent Lunabek

Chief Registrar Supreme Court Vanuatu