Former Attorney General (AG) and seasoned lawyer, Ishmael Kalsakau, is representing the Head of State, President Baldwin Lonsdale in the dissolution challenge launched by the former Opposition bloc in Urgent Constitutional Application (UCA) no.882 of 2015 lodged this week.
At 2pm yesterday, legal counsels representing the parties involved, consented to the filing of submissions from Monday to Wednesday next week, before Supreme Court Judge Justice Dudley Aru sits to hear the case on Thursday morning.
This development comes after Justice Aru adjourned Thursday’s scheduled conference twice to allow the Head of State, as the First Respondent in the case to find a lawyer.
The 24 former Opposition MPs, as the First Applicants in the UCA are seeking five remedies from the court, notably the first a declaration that the dissolution of the 10th Legislature by the Head of State is null and void and the third that Parliament is ordered to meet on December 14 for the 2nd Ordinary Session of 2015 as summoned by former Acting Speaker, Samson Samsen.
Lawyers Ronald Warsal and Edward Nalyal are representing the Opposition bloc.
The Head of State dissolved Parliament on November 24, 2015. While the dissolution is being challenged in court, the Electoral Office is preparing a policy paper for approval by the caretaker Prime Minister and caretaker Council of Ministers to approve an estimated Vt87million for the 2015 Snap election.
Article 28 of the Constitution on the ‘Life of Parliament’ (3) states that the “President of the Republic may, on the advice of the Council of Ministers, dissolve Parliament” and (4) “General elections shall be held not earlier than 30 days and not later than 60 days after any dissolution”.