In re the Constitution, Kalpokas v Hakwa [2002] VUCA 11; CA 06-02 (11 March 2002)

IN THE COURT OF APPEAL OF
THE REPUBLIC OF VANUATU
(Civil Jurisdiction)

CIVIL APPEAL CASE No.06 of 2002

IN THE MATTER OF: ARTICLES 28(1) AND 53(1) AND IN (2) OF THE CONSTITUTION OF THE REPUBLIC OF VANUATU
(thereinafter referred to a “the Constitution”)

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

BETWEEN:

HON. DONALD KALPOKAS MASIKEVANUA,
Member of Parliament for Efate Constituency
and Speaker of Parliament of the Republic of Vanuatu
Appellant

AND:

HON. SILAS HAKWA,
Member of Parliament for Ambae Constituency,
C/- P.O.Box 954, Port-Vila, Efate, Republic of Vanuatu
Respondent

ORDER

UPON hearing Messrs Hamlinson Bulu, Attorney General of the Republic of Vanuatu and George Nakou for the Appellant and Mr. Silas Hakwa for the Respondent, and UPON considering the submissions of the respective Counsels and UPON reading the respective affidavits filed in support of each and both parties, the Court makes the following Orders:

1. THAT there is urgency to deal with the substantive issue which is the subject of the Notice of Appeal filed on 10 March 2002 for the reasons set out as follows:
   
   • (a) THAT the matter raises urgent and important constitutional and parliamentary issues.
     
   • (b) THAT the time is of essence and if the appeal is not heard as a matter of urgency, then the Parliament would be denied its right to sit as planned.
     
2. THAT the Notice of Appeal is listed for hearing before this Court on Tuesday 12^th day of March 2002 at 1.30PM o’clock.
   
3. THAT the costs are reserved.
   

DATED at PORT-VILA, this 11^th DAY of MARCH, 2002

BY ORDER OF THE COURT

Vincent LUNABEK
Chief Justice

REGGETT MARUM MBE
Judge