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New PNG CLRC Chair Tasked to start Consultation on Proposed Constitutional Laws

 PNG Prime Minister James Marape, MP today called on the Constitutional and Law Reform Commission’s newly appointed Chairman and Member for Okapa, Hon. Saki Soloma to begin consultation on the proposed laws recently announced by the Government.

Mr Soloma’s appointment by Cabinet came into effect in September following the revocation of the appointment of the Late Member for Wewak Open,  Kevin Isifu as Chair of the Commission.

Prime Minister Marape said as Chair, Mr Soloma, must now begin open dialogues with the Commission on some of the proposed constitutional laws recently announced by the Government.

He said one of the proposals is the recommendation of having Papua New Guineans vote for the prime minister.

“I have announced this proposed law in August of which I wanted to see eligible electors vote for the prime minister of Papua New Guinea.

“For citizens to vote for the prime minister will be a better system as our people can vote in all layers of government starting from local to district and to provincial to national.

“I would also want to see the National Executive Council’s approved proposal to formally declare PNG a Christian country under the Constitution,” he said.

Prime Minister Marape said the country is founded on two basic principles — ‘our cultural heritage and our Christianity’ — as declared in the preamble to the Constitution, which provides the cornerstone to its existence; therefore, the bid to declare PNG a Christian country under our ‘mama law’ must be achieved.

“I am challenging our new Chair Soloma to ensure these proposals are in alignment with our National Constitution and to see that each of these proposals become laws in the near future,” the Prime Minister said.

Prime Minister Marape said Mr Soloma plays a vital role as Chair of CLRC adding that the Commission’s functions are to:

·         Inquire into Constitutional Laws on the direction from the Prime Minister; and

·         Review all laws, other than Constitutional Laws, on instructions from the Minister for Justice and Attorney-General.

Today, the Prime Minister and Chair Soloma met with CLRC’s Secretary and the staff at the Commission’s office in Port Moresby.

Background Information:

Powers and Function

The core functions and powers of the CLRC are set down in the following legislation:

The Constitution;

The CLRC Act 2004; and

The Underlying Law Act 2000.

The CLRC has a special constitutional responsibility to monitor the development of the Underlying Law and provide regular reports to the Parliament on the appropriateness of the application of the Underlying Law principles (Schedule 2.14 of the Constitution). In addition to this, the CLRC Chairperson is tasked to refer any decisions of the lower courts, which may be inconsistent with the proper development of the Underlying Law, to the National Court, as set down in Sections 8 and 13 of the Underlying Law Act 2000.

Under Section 19 of the Constitution, the CLRC is entitled to file ‘Special Supreme Court References’ in the Supreme Court on the interpretation of any laws that have been passed or are proposed. Only a few authorities are entitled to do this, and CLRC is one of those authorities.

The Commission’s powers and functions are listed under Sections 11 and 12 of the CLRC Act, respectively. Its core functions are to inquire into Constitutional Laws on the direction from the Prime Minister, and review all laws, other than Constitutional Laws, on instructions from the Minister for Justice and Attorney-General. The Commission also provides advisory and drafting services to government agencies upon their request (under Section 11 of the CLRC Act).

The CLRC’s mandatory responsibility falls into five specific areas:

Constitutional Directives;

Terms of References;

Advisory Services;

Monitoring the Development of the Underlying Law; and Special Supreme Court References.

Photo Credit: PMs Media Unit

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