Budget invalid

 The 2021 National Budget purportedly passed by Papua New Guinea Parliament on 17 November  is invalid and ineffective. 

That is the decision of the Supreme Court as it nullified the decisions and Parliament business conducted on that day. 

The Supreme Court, in its final orders, said the decisions of Parliament made on of 17 November are null-and-void as a consequence of an invalid and unconstitutional calling of Parliament by the Speaker. 

The court said that the Speaker was in breach of his obligation to “act fairly and in principle to be seen to act fairly”. 

“The Speaker’s actions had the effect of denying a large number of members their rights, as MPs, under s.50 of the Constitution, and that is to take part in the affairs of the Parliament and to exercise their functions as parliamentarians,” the court ruled. 

“The infringement of their rights by the Speaker was especially serious in this case as it denied those MPs the right to participate in the debate on the 2021 National Budget, which was voted on and passed at the sitting of 17 November. 

“This is one of the most important functions of the Parliament and of MPs in any parliamentary year.” 

Treasurer Ian Ling-Stuckey, when advised of the court’s ruling said: “The 2021 budget will need to be passed again by the government.” 

He said that after the Supreme Court ruled that the Parliament sitting on Nov 17 was unconstitutional, and hence all parliament decisions made that day were therefore unconstitutional, including the passing of the budget. 

“We must respect the rule of law,” Ling-Stuckey said. 

“While I have not yet been briefed on the entire court ruling, but if, as a consequence of its ruling, the Government’s 2021 Budget is deemed null-and-void, then the 2021 Budget will need to be passed again by the government,” he said.

SOURCE: POST COURIER/PACNEWS

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