Weibur v The Republic of Vanuatu [2021] VUSC 124; Constitutional Case 1872 of 2021 (9 June 2021)

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

Constitutional Case No. 21/1872 SC/CNST

BETWEEN:	Bob Loughman Weibur First Applicant
AND:	Alatoi Ishmael Kalsakau Second Applicant
AND:	Johnny Koanapo Rasou Third Applicant
AND;	Jay Ngwele Fourth Applicant
AND:	James Bule Fifth Applicant
AND:	Willie Daniel Sixth Applicant
AND:	Willie Pakoa Satearoto Seventh Applicant
AND:	Lenkon Tao Bruno Eighth Applicant
AND:	Seule Simeon Ninth Applicant
AND:	Mark Ati Tenth Applicant
AND:	Silas Bule Melve Eleventh Applicant
AND:	Samson Samsen Twelfth Applicant
AND:	Edward Nalyal Molou Thirteenth Applicant
AND:	Nakou Ianatom Natuman Fourteenth Applicant
AND:	Leonard Joshua Pikioune Fifteenth Applicant
AND:	Marc Muelsul Sixteenth Applicant
AND:	Edmund Julun Seventeen Applicant
AND:	Xavier Emanuel Harry Eighteenth Applicant
AND:	Anthony Iaris Harry Nineteenth Applicant
AND:	The Republic of Vanuatu Respondent
AND:	Gratien Shadrack, Speaker of Parliament Interested Party

Date of HEARING OF APPLICATION:	9th day of June, 2021 at 2:00 PM
Before:	Justice Oliver Saksak

In Attendance:

Mr Robert Sugden and Mr Avock Godden for the First to 19th Applicants Mr Nigel Morrison and Ms Stephanie Mahuk for the Speaker of Paraliament ( Interested Party) Mr Frederick Gilu for the Republic

ORDERS

Having heard Mr Sugden in relation to an urgent ex parte application heard inter partes, and upon reading the sworn statement of Edward Nalyal in support thereof together with a sworn statement of urgency and an undertaking as to damages,
And upon there being no objections by Mr Morrison and Mr Gilu to the application and order sought by the Applicants,

And upon Mr Morrison proposing, without objections that the Speaker of Parliament be added as Interested Party to the proceeding,

I therefore Order that-

1. The application be allowed.
   
2. Until further orders of the Court, the Speaker of Parliament is Ordered to not take any steps to implement, in any way, his ruling dated 8^th June 2021, which is in all respects STAYED in respect of the all the 19 Applicants.
   
3. The case shall be returnable for a Rule 2.8 conference at 10:00am on Thursday 10^th June 2021.
   

DATED at Port Vila this 9th day of June, 2021.

BY THE COURT

...........................

Oliver Saksak

Judge