BY NOU VADA
IF THERE WAS EVER A TIME the Melanesian way of conflict resolution was needed, it is now.
If both factions go into a tug o' war using the security forces then we will see a possible destabilisation of security for the Electoral Process... and that won't be good for anyone.
Both sides must consider a coalition caretaker government to see the country through elections. If the election fails, we are looking at intervention from Australia and maybe America.
PNG is no longer an obscure country to the American machine...
PNG will serve American energy interests in the future and for that the yanks and Oz will pay much attention to how effectively elections can be conducted.
For the judges, the judicial activism shown thus far is a double-edged sword. While it compounds the constitutional call to develop a Melanesian jurisprudence, the danger of furthering destabilisation of the country is very real.
The courts are traditionally regarded as "the least dangerous arm" but the way in which our constitution literally cycles the exercise of power in the three arms is tricky.
The system hasn’t developed over hundreds of years as in the case of England and Oz. The processes aren’t entrenched.
I remember feeling that all it takes for a meltdown is a bunch of stubborn people in the wrong seats of power.
While Kirriwom J and Injia CJ's refusal to step down at the slightest hint of apprehension is a concern objectively, it also tells a deeper story of how fragile judicial power in the country is, and yet how great the responsibility must be for the Supreme Court as the Office of Judicial Government in PNG...
The decision given by Kirriwom J, Gavara-Nanu J and Injia CJ is by and far logical, legal and in order.
Imagine what the outcome could’ve been if Kirriwom J and Injia CJ would have stepped down because of mere allegations of bias... The court system would have been effectively compromised! That is the scary flipside to the calls that both learned men should’ve stepped down.
I mean, what if they did... and the Supreme Court ended up legitimising a government that is unconstitutional?
You might as well run the constitution through a shredder eh?
This impasse has been caused by stubborn people who think they can muscle in anything... that might is right.
This is the cause of corruption. Koim calls it a "mobocracy"... When parliament uses numbers to circumvent the Supreme Court that is the highest form of mobocracy.