Speaker of Parliament v Kalsakau [2025] VUCA 46; Civil Appeal Case 3822 of 2025 (17 December 2025)

IN THE COURT OF APPEAL	Civil Appeal
THE REPUBLIC OF VANUATU	Case No. 25/3822 CAC /CIVA
(Civil Jurisdiction)	[2025] VUCA 46

BETWEEN:	Stephen Felix in his capacity as Speaker of Parliament Appellant
AND:	Alatoi Ishmael Kalsakau, Jay Ngwele, Gracia Shedrack, Anatole Hymak, Marc Muelsul, Micah Oliver, Andrew Wilbur Napuat, Jesse Luo & Allan Liki First Respondents
AND:	Republic of Vanuatu Second Respondent

Coram:	Hon Chief Justice V Lunabek Hon Justice R Young Hon Justice D Aru Hon Justice V Molisa Trief Hon Justice M MacKenzie
Counsel:	Mr G Blake for the Appellant Mr S Kalsakau for the First Respondent Mrs Florence Willam and Mr S Aron for the Second Respondents
Date of Hearing:	17th December 2025
Date of Judgment:	17th December 2025

RESULT -ORDERS OF THE COURT

1. At the conclusion of the appeal hearing, the Court dismissed the appeal and made a number of consequential Orders. We said the Orders would be published in writing today, and that written reasons would be published as soon as possible.
   

Orders of the Court

2. We make the following Orders:
   
   1. The appeal against the Supreme Court’s conclusion is dismissed.
      
   2. The judge in the Supreme Court made six declarations and Orders. The appropriate declarations are as follows. They will apply in substitution for the Supreme Court Orders (except as to the costs Order made in the Supreme Court.)
      
      1. The Parliamentary Notice of Motion No 9 of 2025 is in order and a valid Notice of Motion pursuant to Article 43(2) and the Standing Orders of the Vanuatu Parliament.
         
      2. The Speaker’s decision to close Parliament on 14 November without allowing Notice of Motion No 9 of 2025 to be moved, debated and voted on was unconstitutional and is quashed.
         
      100. The Speaker of Parliament is hereby required to give to all Members of Parliament a copy of the Notice of Motion No 9 of 2025 by 4 pm 17 December 2025.
           
      4. The Speaker of Parliament is to summons the Vanuatu Parliament to debate the Notice of Motion No 9 of 2025 on Friday 19 December 2025 at 10.30am.
         
   3. The Costs Order made in the Supreme Court is confirmed.
      
   4. The Appellant is to pay the First Respondent costs of VT 150,000.
      

Dated at Port Vila this 17^th day of December 2025

BY THE COURT

Hon. Chief Justice, Vincent Lunabek