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Sope v Attorney General (No. 3) [1988] VULawRp 3; [1980-1994] Van LR 405 (21 October 1988)

[1980-1994] Van LR 405

IN THE COURT OF APPEAL OF
THE REPUBLIC OF VANUATU

Appeal Case No. 3 of 1988

BETWEEN:

BARAK TAME SOPE
WILLIAM EDGELL
CHARLES GODDEN
JIMMY SIMON
ANATOLE LINGTAMAT
MAXIME CARLOT
Appellants

AND:

ATTORNEY GENERAL
First Respondent

AND:

ONNEYN TAHI, MP. SPEAKER OF PARLIAMENT
Second Respondent

[No. 3]

Coram: Amet J
Martin J
Cooke C.J

JUDGMENT

[CONSTITUTIONAL LAW - PARLIAMENT]

This is an appeal which deals entirely with the action of the Speaker when he made a declaration under section 4(f) of the Vacation of Seats Act 1933, on information passed to him by the Honourable the Prime Minister. It has been held by this Court there were three sittings of Parliament on the 25th, 26th and 27th of July, 1988, albeit they merely lasted for a few minutes.

The business of each sitting has to follow Standing Orders of Parliament. Under Section 17(2) of those Standing Orders it is stated that business is transacted in the following order:

(a) The Prayer;

(b) Reading of the Agenda by the Speaker;

(c) Confirmation of the minutes;

(d) Announcement by the Speaker, etc; etc;

After much consideration we are in no doubt that the declaration made by the Speaker on the 25th July, 1988, came within Order 17(2)(d) (i.e.) an announcement by the Speaker. Consequently it follows that as there was no quorum at that sitting on the 25th July, all business which included the declaration, was invalid. Indeed Ward J. held such to be the case in Civil Case 116/88.

We do not agree with Ward J. that the only method in which a lack of quorum can be established is the procedure set out in Standing Order 38. In our opinion Article 19(4) of the Constitution sets out what the quorum must be. That Constitutional requirement cannot be restricted by requiring proof in a particular way. It is an issue of fact which can be proved in any way that other material facts can be proved in a Court of Law.

Accordingly we allow the appeal in this case with Costs.

Dated at Port Vila, this 21st day of October, 1988.

MARTIN J
CHIEF JUSTICE, TONGA

COOKE C J
PRESIDENT
CHIEF JUSTICE, VANUATU

AMET J
SUPREME COURT JUDGE, PAPUA NEW GUINEA

[Editorial Note: This is an appeal from the decision handed down by Ward J. in Supreme Court Civil Case number 114 of 1988.
Reference should also be made to S/C 116/88 and to C.A. 4/88.]