Tetabea v Attorney General [2008] KIHC 19; Civil Case 103 of 2008 (22 July 2008)

In the High Court of Kiribati
Civil Jurisdiction
Held at Betio
Republic of Kiribati

High Court Civil Case 103 of 2008

Between:

Teiraoi Tetabea
Nakarua Eritai for and on behalf of all
current members of Tarawa Joint Council
Applicants

And:

Attorney General iro Ministry of Internal and Social Affairs
Respondent

For the Applicants: Mr Mantaia Kaongotao
For the Respondent: Mr David Lambourne, Solicitor General

Date of Hearing: 22 July 2008

JUDGMENT
(Ex Tempore)

Despite the title of this action there are only two applicants, Teiraoi Tetabea and Nakarua Eritai. So far as I can tell there is, in law, no such body as the Tarawa Joint Council. Accordingly I must conclude that the two named gentlemen are speaking for themselves and no one else.

They have been elected for four year terms as members of a Council. Their four year terms have not expired but pursuant to the Local Government (Amendment) Act 2006 have been brought to an end earlier than the four year term for which they were elected.

Mr Kaongotao has relied on S.19(c) of the Interpretation and General Clauses Ordinance:-

Where an Ordinance repeals in whole or in part any other Ordinance, the repeal shall not –

(c) affect any right, privilege, obligation or liability acquired, accrued or incurred under any Ordinance so repealed.

He has submitted that despite the amending Act the applicants’ terms, rights and privileges must remain.

The Solicitor General to the contrary has pointed to S.2(1) of the Ordinance:-

Save where the contrary intention appears either from this Ordinance or from the context of any other Ordinance or instrument, the provisions of this Ordinance shall apply to this Ordinance and to any other Ordinance in force, whether such other Ordinance came or comes into operation before or after the commencement of this Ordinance, and to any instrument made or issued under or by virtue of any such Ordinance.

It is settled principle that a later Act of Parliament overrides an earlier Act or Ordinance if there is a conflict between the two. That may be the case here. In accordance with principle the later Act, the Local Government (Amendment) Act 2006, prevails. The Notice of Dissolution of All Local Government Councils has been lawfully given.

The application for certiorari is dismissed.

THE HON ROBIN MILLHOUSE QC
Chief Justice