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Natapei v Tari [2001] VUSC 39; Civil Case 049 of 2001 (13 April 2001)

IN THE SUPREME COURT OF

THE REPUBLIC OF VANUATU

Civil Jurisdiction
CIVIL CASE No. 49 of 2001

class="MsoNormal" aal" align="center" style="text-align:center">IN THE MATTER OF: ARTICLES 2, 53(1) and (2) OF THE CONSTITUTION OF THE REPUBLIC OF VANUATU
(hereinafter referred to as �the Constitution�)

IN THE MATTER OF: SECTIONS 218 AND 219 OF THE CRIMINAL PROCEDURE CODE ACT [CAP 136], as amended
(hereinafter referred to as �the Act�)

HON. EDWARD NATAPEI, HON. SILAS HAKWA, HON. REUBEN TITEK,
HON. RIALUTH SERGE VOHOR, HON. JOE BORMAL CARLO,
HON. JACQUE SESE, HON. CLEMENT LEO, HON. WILLIE POSEN,
HON. DONALD K. MASIKEVANUA, HON. HENRI TAGA, HON. SELA MOLISA,
HON. JOSIAS MOLI, HON. JOE NATUMAN, HON. JEAN ALLAIN MAHE,
HON. ALLAN NAFUKI, HON. KORA MAKI, HON. WILSON RAY ARU,
HON. JIMMY IMBERT, HON. SAM DAN AVOCK, HON. JIMMY NIKLAM,
HON. PHILIP I. PASVU, HON. JOHN MORSEN WILLIE,
HON. WILLIE O. VARASMAITE, HON. DANIEL A. BANGTOR,
HON. GEORGE WELLS, HON. RAKORM FOSTER, HON. AMOS TITONGOA
Petitioners

AND:

HON. PAUL REN TARI,
Member of Parliament for Maewo Constituency and
Speaker of Parliament of the Republic of Vanuatu
Respondent

Coram: Chief Justice Lunabek

Counsels: Mr. Silas Hakwa & Ms Marie Hakwa for the Petitioners
The Respondents in person

Date of hearing: 13 April 2001
Date of judgment: 13 April 2001

ORDER

This is a Contempt proceeding. Twenty seven (27) duly elected Members of Parliament brought contempt proceedings against the Hon. Paul Ren Tari, Speaker of Parliament, Hon. Irene Bongnaim, the First Deputy Speaker of Parliament and Hon. Henry Iauko, the Second Deputy Speaker of Parliament.

The Speaker of Parliament is in contempt of Court Orders issued by the Supreme Court of Vanuatu on 6 April 2001 and in particular point 5 of the Orders.

The Speaker of Parliament, Hon. Paul Ren Tari and Hon. Irene Bongnaim, the First Deputy Speaker, Hon. Henry Iauko, the Second Deputy Speaker, are in contempt of Court Orders by the Supreme Court Orders issued on 12 April 2001.

On 13 April 2001, the Supreme Court hears Contempt proceedings. The Respondent/Speaker, Paul Ren Tari, stands in Court and informed the Court that he will purge his contempt as follows:-

1. In respect to Particulars 5 of the Orders of the Supreme Court issues on 6 April 2001 and Orders of 12 April 2001.

(a) The Speaker stands before the Court and apologise and he had disobeyed Particulars 5 of Orders of 6 April 2001;

(b) The Speaker stands before the Court and say sorry and that he had disobeyed Orders of this Court issued on 12 April 2001;

(c) The Speaker of Parliament, Hon. Paul Ren Tari stands before the Court and undertakes to do the following:

(i) To reconvene Parliament of the Republic of Vanuatu this evening Friday 13^th day of April 2001 at 7.00pm o�clock.

(ii) To place before Parliament this evening Friday 13 April 2001, at 7.00pm o�clock, the Notice and Motion �First Motion� of No Confidence in Honourable Barak Tame Sope Mautamate, Prime Minister so that Parliament can debate and deal with the said Motion.

The Contempt proceeding are withdrawn against the First and Second Deputy Speakers of Parliament.

On the basis of the purgement of the Contempt of Court Orders of 6 April 2001 and 12 April 2001, and upon Hon. Paul Ren Tari�s undertaking before the Court, the Court makes the following Orders:

1. That the Hon. Paul Ren Tari, Speaker of Parliament, is ordered and directed-

(i) to reconvene Parliament today Friday 13 April 2001 at 7.30pm o�clock.

(ii) To place before the Sitting of Parliament referred to in (i) of paragraph (1) above, the Petitioners� Notice and Motion of No Confidence in Hon. Barak Tame Sope Mautamate, Prime Minister, so that Parliament must debate and deal with the Motion; and

(iii) The Respondent/Speaker shall allow such time and/or required in order for Parliament to debate, vote on the Motion and attend to all other matters as specified in the said Motion.

2. Any failure by the Respondent/Speaker to comply with all the terms of this Order, then:

The Police shall be empowered and are hereby directed to immediately arrest the Respondent/Speaker and take him forthwith to the prison in Port-Vila to be detained there for a period of 6 months or such earlier time as he shall to the satisfaction of the Court, purges the Contempt.

3. Any attempt by the Speaker to adjourn the Sitting of Parliament shall be invalid.

4. If any Deputy Speaker fails to comply with the terms of this Order paragraphs (2) & (3) above shall apply.

5. The Speaker and Deputy Speakers shall immediately and without adjournment of Sitting comply with these Orders.

6. In the absence of the Speaker or the Deputy Speakers, the Clerk of Parliament is advised that the sitting of Parliament is ordered to commence at 7.30pm this evening Friday 13 April 2001 and the Clerk of Parliament shall have regard to the Order 6(3) of the Standing Orders of Parliament.

7. The costs are reserved.

DATED at PORT-VILA, this 13^th DAY of APRIL, 2001

BY THE COURT

LUNABEK Vincent
Chief Justice

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