BY KEITH JACKSON
So argues lawyer and human rights advocate Tiffany Twivey-Nonggorr [pictured] in a carefully reasoned paper which we publish in PNG Attitude today [see download below].
The paper argues that the crisis has been triggered by unconstitutional and undemocratic orders made by the Supreme Court, the refusal of Chief Justice to recognise the constitutional powers of cabinet, placing himself above the law, and the refusal of certain judges to recognise the unlimited constitutional power of parliament to legislate.
“By refusing to recognise the decisions and powers of parliament,” Ms Twivey argues, “certain Judges are destroying democracy and rewriting the Constitution.”
She also claims they are “breaching the oath to uphold the Constitution that they swore to observe on their appointments as judges.”
The paper says that “certain judges have exercised powers that according to the Constitution they do not have and have never been claimed or exercised by any judge in PNG or anywhere else.
“These certain members of the Supreme Court gave orders in December 2011 and now again in April 2012 over Parliament, the type of which have never, ever been made, not only in the history of PNG, but in the history of any Westminster system of democracy, not since the theory of the divine right of kings was abandoned in 1688 and the first Bill of Rights of Parliament was enacted.”
Ms Twivey concludes: “Since Independence Papua New Guinea has every reason to be extremely proud of its hard working judiciary. The present actions have created a crisis.”