Former Vanuatu MPs to challenge dissolution of parliament

Transcript

A group of former opposition MPs in Vanuatu are considering challenging the president's decision to dissolve parliament in court.

Baldwin Lonsdale made the announcement on Tuesday, saying his actions were based on the failure of MPs resolve a political impasse which began after 14 MPs were jailed for bribery last month.

An expert on Melanesian affairs and the founder of the Devpacific Thinknet, Tess Newton Cain, says if the legal challenge does go forward it will not be the first time the limits of presidential powers have been questioned in Vanuatu.

She spoke with Koroi Hawkins about the political climate in the country after yesterdays dissolution of parliament.

TESS NEWTON CAIN: There is no break down of business of government obviously, the business of government has been severely hampered by the political impasse and shifting of ministers and portfolios left empty and all of those sorts of things. And that has made things happen a lot slower than we might like particularly in really critical areas such as responding to the El Niño drought impacts around the country and furthering recovery efforts after Cyclone Pam. And that is not going to change until at the very earliest we have the new government. So yes things are going to continue but we are not going to see things progressing quite as quickly as we might like. But the basics will still hopefully be able to continue until the new government is installed.

KOROI HAWKINS: I just spoke with some members of the opposition and they are just considering or looking at whether they can legally challenge this do they have any hope of achieving something like that?

TNC: Well cert.. there are a number of cases decided by the Vanuatu court that indicate where the limits of presidential powers arise in relation to the dissolution of parliament. Previously a long time ago in the 1980s the president was imprisoned for dissolving parliament without taking the advice and consideration of the prime minister and the council of ministers. My understanding in this situation, unless other information comes to light, is that that doesn't apply. That this was done in consultation with government as it currently stands. So obviously the opposition may feel that there is a case to answer and that will be a matter for the courts it is not something that I can comment on. But there are two or three cases in places that have created precedents about where and when presidential power can be exercised in these circumstances and what the limits of that power are.

KH: Turning to the snap election apparently it has to be held within 30 to 60 days of this decision it is interesting that for some cases for example for is it Kenneth Natapei who has just come through a by election has to go through the whole process again.

TNC: Yes that is very unfortunate for him. More, perhaps more significantly it is very unfortunate for the country that paid for a by election that essentially the result never took effect and I guess that is just, that is one of the political casualties of this whole situation and the whole scenario of the snap elections in terms of when it will be held makes it very different from elections that normally take place in Vanuatu, we normally don't have summer elections. Our elections are normally held in the second half of the year so I think that is going to create quite a different dynamic not to mention the impact of the fact that some quite key players that have played really significant roles in Vanuatu politics are not going to be available. The fact that those people are in prison and some of them are really significant political players means that you know I think this election is going to be very different certainly from any that I have seen in the last 20 years there's going to be, there is going to be a need for a whole new cast of players. I think some peoples political careers have now come to an end. They won't be able to take part in this election I don't see them coming back so I think there is the potential for it to be a really significant turning point for Vanuatu. Whether that potential is realised we have yet to see but I think there is the potential for it to be quite significant.