Some major orders in the Decision given on the 21st (Monday) of May 2012:
Order 2: Parliament's decision made on 9 December 2011 to rescind leave of absence granted to Sir Michael Somare for the May meeting is inconsistent with s. 50 of the Constitution, and s. 11, s. 19, s. 155(6) and s. 157 of the Constitution and therefore declared unconstitutional, invalid and of no effect.
Order 5: The Election of Peter O'Neil as PM on 12 December 2011 and his subsequent confirmation by Speaker, in his capacity as Acting Governor-General, on 15 Dec 2011, are inconsistent with s. 142(1) and (2) of the Constitution as interpreted and applied in SCR 3/2011 Ref by ESP Prov Govt, and therefore, declared unconstitutional, invalid and of no effect.
Order 6: Governor-General Sir Michael Ogio's actions in recognising Sir Michael Somare as the Prime Minister in compliance with the decision of the Supreme Court in SCR No. 3 of 2011 is constitutionally valid and effective for all intention purposes. Governor-General's other actions in retracting that action and recognising the re-appointment of Peter O'Neil as Prime Minister are inconsistent with the Constitution, s. 11, s.19 and s. 155(6) of the Constitutional, and therefore are unconstitutional and invalid.
Order 7: That at all material times, Sir Michael Somare was and is the member for the East Sepik Provincial seat; and, the legitimate Prime Minister of Papua New Guinea until the writs for the 2012 National elections are returned and a new PM is elected in the first sitting of the next Parliament pursuant to s. 142 of the Constitution.
Order 9: Pusuant to s. 153(4) of the Constittion, and subject to the Constitution generally, the bona fide decisions and actions made and implemented by the de facto government of Peter O'Neil as Primine Minister and any of those ministers appointed by him, between 2 August 2011 and 20 May 2012, are valid and effective.
Order 10: Pursuant to s. 11, 19 (2), and s. 155(6) of the Constitution, it is the duty of all persons, including the Governor-General, and the Speaker of Parliament and all other members of the Exective government officers, bodies and agencies, are under duty, so far as within their respective lawful powers; to gve full effect to an comply with the binding opinions and orders issued by this court in SCR No. 1 and 2 of 2012.
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Now before we start shooting our judges let's check the soundness of the decision in light of the Constitution. We ALL agree that the Constitution is SUPREME right?
Tokaut Tokstret
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Ganjiki
"INSPIRING PASSION"
"INSPIRING PASSION"
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