Opposition Ultimatum

The Opposition says it is ready to attend the second ordinary session of Parliament to pass a budget with the Government because it says a government cannot operate without its budget.

Article 25 (1) of the Constitution states, “Every year the Government shall present a bill for a budget to Parliament for its approval”. The government is legally obligated to obtain approval from Parliament for all of its spending.

The Opposition has already asked the First Deputy Speaker, MP Samson Samsen to call the second ordinary session of Parliament.

Signed by 24 Opposition MPs, the letter reads, “As you know, the Speaker of Parliament Hon. Marcellino Pipite was jailed on October 22 2015 along with 13 other Members of Parliament including the other Deputy speakers for bribery and corruption offences. The Standing Orders of Parliament at Standing Order 6(2) state, “When the Speaker is absent or when called upon to do so by the Speaker, a Deputy Speaker shall perform the duties and exercise the authority of the Speaker in Parliament.”

“Given that the Speaker of Parliament Mr. Pipite is absent by reason of his imprisonment, you have the power under Standing Order 6(2) to carry out the request we make in this letter.

“We note that Article 21(1) of the Constitution of Vanuatu states, ‘Parliament shall meet twice a year in ordinary session’.

“We also note Standing Order 12(3) states, ‘The second ordinary session of Parliament shall commence in the middle of the month of August on a date determined by the Speaker, after consultation with the Prime Minister’.

“We are very concerned that it is well past August and Parliament has not called for its second ordinary session. We are further concerned that Article 21(1) of the Constitution of Vanuatu has been and continues to be violated by the Speaker of Parliament in failing to call Parliament to sit in its second ordinary session. Parliament is running out of time if it does not call for the second ordinary session now because Standing Order 12(b) states that Parliament shall not meet from December 20 to January 20 of each year.

“We are also very concerned that if Parliament does not sit in its second ordinary session there will be no budget passed for the Government to operate in 2016, which will result in the people of Vanuatu being affected. Normally the government budget for the following year is debated and passed by Parliament in the second ordinary session of the previous year.

“For this reason we have set out above, we are giving you until 4.30pm on Thursday November 5, 2015, to consult with the Prime Minister and then allocate a date in November 2015 for parliament to sit in its second ordinary session. We ask that you instruct the Clerk of Parliament under Standing Order 12(4) to send out by November 5 2015, the usual notices for calling of Parliament for its second ordinary session.

“We advise that if you do not allocate a date for the second ordinary session of parliament by 4.30pm on Thursday November 5, 2015, we will file a constitutional case against the Speaker of Parliament for violating Article 21(1) of the Constitution.”