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by Hon. Bryan Kramer
Governor of East Sepik Province Hon. Allan Bird has filed and served a Section 18 Supreme Court application challenging the Marape Government's amendments to Section 145 (5) of the Constitution, and question its constitutionality, in an effort to protect the integrity of the Constitution and the principles of democracy.
In March 2025 Marape Government bulldozed the final reading of Constitutional Amendment to section 145 of Constitution. This amendment introduced an additional 18-month grace period, preventing Members of Parliament from moving a vote of no confidence against the Prime Minister following an unsuccessful motion of no confidence.
If next weekβs vote of no confidence fails, the amendment would immediately take effect, blocking any further motions against Prime Minister Marape for 18 monthsβeffectively shielding him from challenge until the 2027 General Election.
Bird is challenging the amendment in the Supreme Court on the grounds its unconstitutional and be struck down; in that:
1) It breaches Section 50(1)(c),(d) and (e) of the Constitution because it unreasonably restricts or prohibits a Member of Parliament from exercising his or her right to move a Motion of No Confidence in the Prime Minister or to stand for office and be elected to public office as the Prime Minister through a Motion of No Confidence;
2) It breaches Section 111 of the Constitution, because it unreasonably restricts or prohibits a Member of Parliament from exercising his or her right to move a Motion of No Confidence in the Prime Minister;
3) It breaches Section 114 of the Constitution because it unreasonably restricts or prohibits a Member of Parliament from exercising his or her right to vote on a Motion of No Confidence in the Prime Minister;
4) It breaches Section 115 of the Constitution because it unreasonably restricts or prohibits a Member of Parliament from exercising his right or freedom to debate on a Motion of No Confidence in the Prime Minister; and
5) It breaches Section 141 of the Constitution because it unreasonably restricts or prohibits Parliamentβs ability to hold the Parliamentary Executive government responsible, answerable and accountable to the People through Parliament for its proper functioning.
6) Pursuant to the principles of Constitutional interpretation first enunciated in Special Reference by Fly River Provincial Executive Council; Re Organic Law on Integrity of Political Parties and Candidates [2010] 2 PNGLR 319 and expounded and applied in Nama v OβNeill [2015] SC1617, Constitutional Amendment being inconsistent with the existing provisions of the Constitution mentioned in (1), are invalid and ineffective.
Governor Bird said: βI am not one to find myself in Court rooms but for this very important matter, I have felt inclined to do so. βAs the custodian and immediate successor to the chair of the founding father, I feel it is my duty to uphold and defend the Constitution, no matter the circumstance.
βI am a strong believer in protecting and upholding the Constitution. I have immense respect for the fore-leaders who created this document for us β it is one of the best in the world.
βUnfortunately, the continuous tampering of the Constitution for personal and political protection has eroded the fabric of our nation and what our fore-leaders envisioned.
βI have filed this Section 18 application to seek the Courtβs learned view and hopefully repeal what I believe is an unconstitutional provision aimed at protecting the interests of one man.
βI look forward to progressing this case, which has the support of the Opposition, and keep the country updated in the weeks to come.β Bird said.
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