Weibur v The Republic of Vanuatu [2021] VUSC 128; Constitutional Case 1872 of 2021 (14 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:	Gracia Shadrack, Speaker of Parliament Interested Party

Date of Conference:	14th day of June, 2021 at 8:30am
Before:	Justice Oliver Saksak

In Attendance:

Mr Robert Sugden, Mr Godden Avock and Mr Sakiusa Kalsakau for the Applicants Mr Frederick Kilu for the Respondent Mr Nigel Morrison and Ms Stephanie Mahuk for the Interested Party

ORDERS

1. Having made inquiries from Counsel pursuant to Rule 2.7 of the Constitutional Procedure Rules, and having ascertained from Counsel that the application challenges only the jurisdiction of the Speaker under Article 54 of the Constitution which is purely a legal question,
   
   2. And pursuant to Rule 2.8 (f) and g( iv), the Court Orders that-
      1. There be a hearing in Open Court at Dumbea at 9:00am on Friday 18^th June 2021.
      2. The Applicants are to file and serve their written submissions and list of authorities by 4:00pm on Wednesday 16^th June 2021.
      3. The Respondent and Interested Party are to file and serve their responding submissions and authorities by 4:00pm on Thursday 17^th June 2021.
      4. Costs to be in the cause.
         

DATED at Port Vila this 14^th day of June 2021

BY THE COURT

OLIVER.A.SAKSAK

Judge