Monday, December 19, 2011

Opinion on PM Oneil & Somare

Source: The Papua New Guinea Blogs, http: //

Monday, December 19, 2011

From both sides who is right and who is not - OP

Team O'Neill will not back down or they "shall not be moved" because:
1. The Supreme Court decision on 12th December, 2011 was all about or concerned the events of 2nd August, 2011 and; 6th September, 2011.
2. The Supreme Court decision was not a unanimous decision (all 5 Judges agreeing of the illegality of what happened on 2nd August, 2011 and; 6th September, 2011.) It was 3 against 2. So, 2 judges said the events of 2nd August and; 6th September 2011 were lawful.
3. The Supreme Court over-stepped its function in interpreting laws to appointing a Government which is the role of the Parliament based on the doctrine of seperation of powers which is enshrined in our home-grown Constitution. That is, the Supreme Court should have only declared the actions of 2nd August, 2011 and  6th September, 2011 and should have referred the matter back to Parliament to sort it out on the election of the Government. Team O'Neill will seek a review at the Supreme Court before different judges using the "slip Rule."
4. The appointment/election of a PM is always done on the floor of Parliament and Team O'Neill has the number.
5. The "former" Governor-General Sir Michael Ogio's swearing in of Team Somare is considered illegal because the GG only receives advice from the Parliament and NEC and acts on those and not anyone else like the Court or State Solicitor or anyone else. Hence, the advice from Parliament that time was for the GG to swear-in Team O'Neill. Because of the former GG's insubordination, the "hiring" authority (Parliament) "fired" him and appointed an Acting GG in that of Nape. The Acting GG swore-in Team O'Neill.

And Team Somare will never back down (duration unknown) because:
1. They don't want the corruption investigation to continue.
2. They don't want their "alleged" crooked deals to be exposed.
3. They don't want the "interests" of their foreign partners to be threatened/exposed/demised. These are my observations and thoughts so far.

1. Nape is not a substantive GG. The Queen only recognises a substantive GG and the recent past was Sir Michael Ogio. When a new permanent one is appointed, then the Queen will be advised accordingly of the removal of Sir Michael Ogio and the appointment of the new one.
2. O'Neill's election and appointment as the PM may not have been communicated to the Queen by the GG.

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