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In re the Constitution, Application by the Attorney-General [2003] KIHC 39; Civil Case 23 of 2003 (28 March 2003)

IN THE HIGH COURT OF KIRIBATI
CIVIL JURISDICTION
HELD AT BETIO
REPUBLIC OF KIRIBATI

High Court Civil Case 23 of 2003

IN THE MATTER OF AN APPLICATION BY THE ATTORNEY GENERAL PURSUANT TO SECTION 88(6)(B) OF THE CONSTITUTION FOR THE INTERPRETATION OF SECTION 78(1) OF THE CONSTITUTION

Director of Public Prosecutions for the Attorney General

Date of Hearing: 28 March 2003

ANSWER
(Ex Tempore)

Following events yesterday in the Maneaba ni Maungatabu the Attorney General has applied to the Court pursuant to S. 88(6) of the Constitution for the determination of this question:

"What does a majority of all members of the Maneaba ni Maungatabu mean?

(a) Does it mean a majority of the 42 seats of the members of the Maneaba ni Maungatabu which is the number of seats provided for elected members in the Maneaba ni Maungatabu? or

(b) Does it mean a majority of the 41 members of the Maneaba ni Maungatabu given that one member amongst the 42 elected members has already lost his seat?

Although argument to the contrary may be put, my firm view is that the Applicant's second alternative is the correct interpretation.

It is a matter of fact. If yesterday the question had been asked, "How many members of the Maneaba ni Maungatabu are there?" The answer would have been 41. S. 78(1) both (a) and (b) read, "by the votes of a majority of all the members of the Maneaba ni Maungatabu". There were 41 members of the Maneaba ni Maungatabu. Unfortunately one member was absent because of sickness and could not vote. Forty members voted and I am informed that the vote on a motion of confidence pursuant to S.78(1)(b) was 19 in favour, 21 against. 21 was a majority of all the members of the Maneaba ni Maungatabu yesterday and the motion was rejected.

The answer to the Applicant's question therefore is –

"'A majority of all members of the Maneaba ni Maungatabu' in S.78(1)(b) means in the circumstances of yesterday 'a majority of the 41 members of the Maneaba'".

THE HON ROBIN MILLHOUSE QC
CHIEF JUSTICE