Matane to stand down as Governor-General
10 December 2010
BY KEITH JACKSON
PNG GOVERNOR-GENERAL Sir Paulias Matane will stand down on Monday after the Supreme Court found that his re-election to the vice-regal post was unconstitutional.
The court also found that Speaker Jeffrey Nape had acted unlawfully in presiding over the session of Parliament in June at which Sir Paulias was re-elected. Mr Nape was acting Governor-General at the time.
The case was brought by the Morobe Provincial Government under Section 19 of the Constitution and it sought the court’s interpretation of the legitimacy of the election by Parliament of the Governor-General.
Three candidates who contested the office lost to Sir Paulias Matane, who was voted into a second term by a majority on the floor of parliament.
It was alleged that this vote was supposed to render Sir Paulias eligible to stand for a second term, whereupon he would have faced a contested ballot, not to elect him to a second term.
It was claimed that the Prime Minister, Speaker and the clerk of parliament had breached provisions of the Governor-General Act in relation to how the election should be carried out.
Is the Deputy Speaker a tool of the PM too, or can he be trusted to act legally if he recalls Parliament for a new vote? Also to validate all actions which are currently in doubt?
Perhaps the Queen could send a Royal Prince for a year or so to rebuild trust in the office and the Constitution
Posted by: Jaymz | 13 December 2010 at 01:10 AM
So what happens to those, like the Speaker, who acted unlawfully? They appear to be allowed to act elsewhere in higher positions, like the Governor-General's role for example.
Clearly the checks and balances of the PNG Constitution have been proven to be unworkable, given those who are currently in charge.
Posted by: Paul Oates | 12 December 2010 at 04:21 PM
The finding by the Supreme Court that the re-appointment of Sir Paulias Matane as the Governor-General was unconstitutional and invalid is another good example of how the courts have to check the actions taken by the Parliament to see if they are lawful.
It proves that what Sam Basil said at the time was true.
I feel sorry for Sir Paulias Matane. I wonder, if the election of the Governor-General had been carried out correctly at that time, he would have been returned legitimately as Governor-General.
Posted by: Barbara Short | 12 December 2010 at 10:06 AM
On the ABC news late last night it was reported by the ABC PNG reporter that the Supreme Court also said that Parliament must appoint a new GG within 40 days.
The Speaker Jeffrey Nape will be acting GG in the meantime but while he is in this position he cannot be Speaker of the House.
This would all mean that Parliament will need to be recalled about mid January to appoint a new GG.
It will be interesting to see what now develops.
Posted by: George Oakes | 11 December 2010 at 12:30 PM
Hi Alex - Either the whole process was legit or it was not.
Surely, if the approvals were made by a GG who has been determined as being unconstitutionally and illegally elected, then anything he approved must surely be subject to challenge and declared invalid.
This also begs the question of who will be the first to challenge those who oversaw this illegal and unconstitutional activity.
Posted by: Paul Oates | 11 December 2010 at 11:03 AM
Paul - To add to that, does that also bring into question the signatures on any contracts, and whether those contracts are now binding at all?
Posted by: Alex Harris | 11 December 2010 at 10:13 AM
Sir Paulius Matane’s fate was obvious on inauguration day.
The acrimonious fall of lightning in the National Parliament with Somare threatening to kill Basil showed the two knights were falling from grace, in shame, shredded in controversy.
Apart from the earthly justice, PNG is a praying nation. God certainly doesn’t tolerate sin at high offices.
Posted by: Ipimange Nege | 11 December 2010 at 06:27 AM
It would also mean, among other things, that the recent Cabinet reorganisation is unconstitutional and that the Cabinet as it previously existed is the correct Cabinet of PNG.
This will certainly put a cat among the pigeons!
Posted by: George Oakes | 10 December 2010 at 06:57 PM
So if the Governor General is unconstitutionally occupying the GG's Office and the Speaker and the Somare government, by logical extention, acted unconstitutionally, then all decisions and Acts made since the the current period of Governor Generalship commenced have therefore been made in an unconstitutional manner.
It sounds like to only alternative is to have a general election to resolve this impasse. But who will make that decision and issue the bans?
The whole fabric of PNG constitutional government has been virtually rendered moribund.
Posted by: Paul Oates | 10 December 2010 at 06:07 PM