Twivey Lawyers, acting for the Attorney General, Steven Davis, filed the Special Reference on December 3, 2018.
The special reference seeks the Court’s interpretation whether the nominated Prime Minister must be from a party with most numbers and whether the vote of no confidence is justiciable with the process and procedures of Parliament and its committees.
This came about from a Supreme Court reference of November 2015 by then Opposition leader Don Polye and the Supreme Court ruling of July 2016.
This decision, according to the referrer, raises serious issues concerning the Supreme Court’s powers to interfere in the process concerning motions for vote of no-confidence.
The Government is also seeking interpretation on “Declaration of Judicial Acts Unconstitutional” and the Supreme Court to give its opinion on the constitutionality of another Supreme Court decision, and whether the Supreme Court can do that.
The 18-month grace period for the vote of no confidence will lapse on Feb 4, 2019.
Rumours are circulating that certain MPs within the government ranks will move to the Opposition to appoint a new Prime Minister.
However, one such MP and the leader of Pangu Pati, Sam Basil, has denied such claims.
Leader of the United Resource Party (URP) Williiam Duma also brushed aside such stories and is confident that the Government of Prime Minister Peter O’Neill will not be changed.
Parliament resumes today for the January session.