Thursday, 9 August 2007 9:59 AM

PM Seeks Court Ruling on Impending Motion

The Prime Minister has served a summons on the intending mover of a no confidence motion in the Prime Minister, East Are'are MP Edward Huni'ehu and Speaker of Parliament Sir Peter Kenilorea.

Reports from the SIBC have stated that the Prime Minister has filed an originating summons with the High Court on Monday in which he wants the court to rule on a number of legal questions relating to the speaker's conduct in relation to issues to be raised in the motion.

Mr Sogavare is also seeking a court ruling on whether Sir Peter has contravened section 94-1 of the constitution and is guilty of misconduct in office when he publicly expressed his personal opinion on a subject matter which will be raised in the no confidence motion.

Sogavare is seeking a declaration that the motion contravenes the requirements of standing order 27-three, and is therefore inadmissible. Mover, Mr Huni'ehu says it is disappointing that the legal advisor to government, Julian Moti, has issued summons to himself and the Speaker when he should be advising Parliament. Mr Huni'ehu says that he is disappointed that the attorney-general is trying to force his way through by blocking the no confidence motion.

He says the Prime Minister and the attorney-general are relying on irrelevant constitutional provisions to block the upcoming motion of no confidence. Meanwhile, the court action casts doubts on whether the motion will be tabled on Friday.

However, Mr Huni'ehu, whose lawyers have responded to the Prime Minister's summons, says if the matter is not heard in court tomorrow, it will be up to the speaker to decide on whether he will still move the motion on Friday.

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