Judge backs strike out request, election to be held in 2024
Chief Justice Sir Albert Palmer has ruled in favor of the STRIKE OUT application filed by the Speaker, Prime Minister, and Governor General against the Leader of the Independent’s claim regarding the Constitution (Amendment) Act of 2022.
The Leader of the Independent Group, John Dean Kuku, presented his arguments through his lawyer, Billy Titiulu, alleging that Parliament had breached the constitutional process when passing the constitution, leading to a seven-month delay in elections.
Last month, the defendants’ lawyers, Lawyer Wilson Rano and Solicitor General Savenaca Banuve, expressed their intention to file for a strike out of the case. Today, Chief Justice Sir Albert Palmer delivered his ruling, supporting the strike-out application. As a result, elections are now set to take place in April 2024, in accordance with the original parliamentary decision.
The High Court clarified that the claimant’s contention for two separate readings during the third reading was not in line with the Constitution’s intent. Chief Justice Sir Albert Palmer also noted that the claimant failed to object during the process in which the constitution (amendment bill) 2022 was presented, which sought to suspend section 73(3) of the constitution, allowing Parliament to continue until December 31, 2023. The claimant, instead, participated in parliamentary proceedings, voting “no” in both readings. According to the Chief Justice, this failure to object estopped the claimant from seeking relief in court, as it could not be demonstrated that their constitutional rights had been violated or their interests affected.
Chief Justice Albert Palmer emphasized that Parliament was the appropriate forum to address the claimant’s concerns. He stated that even if relief were granted, the court’s only action would be to refer the matter back to Parliament for resolution.
Furthermore, the Chief Justice stated that if the claimant believed that the process of passing the constitutional (amendment bill) 2022 had affected their rights, they should have pursued redress through the court. Regarding the issue of delay, he highlighted that litigants must act promptly and quoted the maxim, “the vigilant, not the sleeping, are aided by the laws.” He noted that the claimant’s delay of approximately 10 months before filing the claim on June 28, 2023, rendered the time frame impractical, questioning the purpose of the claim.
In response to the judgment, the Attorney-General received new instructions to seek declaratory orders in the High Court of Solomon Islands. These orders would determine whether Members of Parliament who voted “No” on September 6, 2022, ceased to be Members of Parliament on May 15, 2023, and whether they were no longer entitled to receive benefits accrued as Members of Parliament. Any benefits acquired after this date would be required to be refunded to the State.
The claimant was represented by Counsel Billy Titiulu, while the Speaker of National Parliament was represented by Timothy Matthews KC, and the Prime Minister and the Governor-General were represented by the Attorney-General.
