Opposition files Supreme Court Reference to review the process of the unsuccessful VONC

Wednesday, 12 June 2024, 2:51 pm

Parliament House (Supplied)

The Opposition has filed a Section 18 Supreme Court Reference to review the process involved in disputing the recent unsuccessful vote of no confidence motion in Parliament.

The case was filed on Monday by Young and Williams Lawyers representing the Opposition.

They are seeking further orders to have parliament recalled immediately to deal with the VONC as they allege the process followed was wrong.

This will only happen after the Superme Court interprets and makes its ruling on the 5 questions before it. 

A copy of the sealed application obtained by NBC News, indicated, the Opposition is seeking interpretations of Sections 11, 111, 135, 145 and 155 sub section 4 of the Constitution and Section 22 of the Parliamentary Standing Orders. It relates to the V-O-N-C process and the role and conduct of the Private Business Committee [PBC], the Speaker and Clerk of Parliament. 

They will argue among others, that the Notice of Motion of NO confidence in the prime minister is special and should not be treated as an ordinary notice of motion in the way it happened on Wednesday 5th of June 2024. 

They are also questioning the role of the PBC and what it should do in clearing the motion quickly to go before the Clerk for vetting. 

A date for hearing is yet to be set. 

The court as usual is expected to deal with the issue of the standing of the Opposition Leader Douglas Tomuriesa first before dealing with legal questions raised for interpretation.