Thursday, May 23, 2013

DISSOLUTION OF THE 20TH PARLIAMENT OF NAURU

DISSOLUTION OF 20TH PARLIAMENT OF NAURU
Article 41(4) of Constitution of Nauru

Preamble

1 On 15 April 2013, the President advised former Speaker, Honourable Ludwig Scotty MP, to dissolve Parliament.
2 On 18 April 2013, Honourable Ludwig Scotty MP resigned after delivering the President’s advice to Parliament.
3 On 25 April 2013 Honourable Godfrey Thoma MP was elected Speaker.
4 Parliament could not proceed due to lack of quorum on the afternoon of 25 April 2013 and on 26 April 2013, 30 April 2013, 2 May 2013, 7 May 2013, 9 May 2013 and 14 May 2013.
5 On 16 May 2013 Parliament met. A member sought leave to move an Article 24 motion but leave was not granted and Parliament resolved not to suspend standing orders in order to allow the motion to be moved without notice.
6 Parliament could not proceed due to lack of quorum on 21 May 2013 and 23 May 2013.
7 Article 41(4) requires the Speaker to dissolve Parliament on the 7th day after the advice of the President has been referred to Parliament if no resolution for the removal from office of the President and Ministers under Article 24 is approved after the date on which the advice was so referred.
8 In accordance with the decision of the Supreme Court of Nauru in Keke and Others v Scotty and Others (No 2) [2013] NRSC 3, the 7th day for the purposes of Article 41(4) is 23 May 2013, being the 7th day after Parliament had an opportunity to make a resolution under Article 24.

Dissolution

Pursuant to Article 41(4) of the Constitution of Nauru, I dissolve the 20th Parliament of Nauru.

Hon Godfrey Thoma MP
Speaker of Parliament

23 May 2013


WRIT FOR A GENERAL ELECTION OF MEMBERS OF PARLIAMENT FOR THE REPUBLIC OF NAURU
Electoral Act 1965—section 15(1)

To the Returning Officer

This is to command you to cause elections to be made according to law of members to serve in Parliament for the Republic of Nauru, and I appoint 22 June 2013 to be the date when the poll (if any) for the purposes of the elections will be taken.

GIVEN under my hand at Nauru, this 23 May 2013.

Hon Godfrey Thoma MP
Speaker of Parliament


NOTICE OF GENERAL ELECTION OF MEMBERS OF PARLIAMENT FOR THE REPUBLIC OF NAURU
Electoral Act 1965—section 15(2)

1 On 23 May 2013, Honourable Godfrey Thoma MP, Speaker of Parliament, issued a writ for a general election to me as Returning Officer under section 15(1) of the Electoral Act 1965.
2 The polling day for the general election is Saturday 22 June 2013.
Polling will open at 11am and close at 6pm.
3 The nomination day for the general election is Saturday 8 June 2013.

Candidates may be nominated from midday on Saturday 1 June 2013 until midday on Saturday 8 June 2013.

A person who has been nominated as a candidate may withdraw by notice in writing given to the Returning Officer before 5pm Friday 14 June 2013.

4 The rolls will be closed for the election at midday on Saturday 1 June 2013.

Bernard Grundler
Returning Officer

1 comment:

Unknown said...

Dexter,

I totally agree with the dissolution but the thing that really bugs me is the writ was issued on the 23rd of May but not on the 24th of May.
I have reason to believe that there is an article in our Constitution which clearly states that the writ should be issued after 7 days from the dissolution of the house.
Correct me if I am wrong and if so, something should be done or either wise, someone should refer to the court for clarification by the so call DICTATOR, CJ. (Clarify Please).