GOVERNMENT HOUSE DEFENDS DECISION IN REFUSING THE APPOINTMENT OF A MP AS CABINET MINISTER

In brief: The Government House has defended the Governor General's decision to refuse the appointment of North Malaita M-P as a Cabinet Minister saying any action by the Governor General on the matter could be regarded as contempt of court.
The Government House has defended the Governor General's decision to refuse the appointment of North Malaita M-P as a Cabinet Minister saying any action by the Governor General on the matter could be regarded as contempt of court.

The North Malaita M-P was reportedly re-appointed as Fisheries Minister but Governor General Sir Frank Kabui had refused to facilitate the appointment by oath.

North Malaita MP, Jimmy Lusibaea was sentenced to imprisonment for two years and nine months but was awarded an early release by the Parole Board and the then Police Minister James Tora via the Correctional Services Act.

In a letter to the media, the Government House Deputy Private Secretary Rawcliffe Ziza says while section 33 of the constitution requires the governor general to act on the advice of the Prime Minister in appointing ministers - the member of parliament appointed must also be free from any legal disqualification stipulated in the constitution.

Mr Ziza says while some lawyers hold the view that the total amount of remission earned reduced his sentence to less than 6 months imprisonment, other lawyers are of the view that the remission simply reduces the time served in custody and does not reduce the original sentence passed by the high court.

The latter would also argue that only the court of appeal can reduce the sentence and that the parole board is not a court of law to change high court decisions without appeal to the court of appeal.

Mr Ziza says only the high court can decide which of the views is the correct one, adding that the issue is now before the High court.

He adds that the government house is interested in the outcome of the case because it will clear the way for further action by the government house and would also set a precedent for the future.

He says in the meantime, the government house cannot act as it's action might be regarded as contempt of court.

Source : SIBC