justice. I understand leaned counsel's submission in this regard to be that, this does not
arise based on the Court of Appeal of Vanuatu in the Korman –v- Natapei24 case, that in
circumstances such as this, where a member of Parliament is absent from the sitting of
the Parliament for three consecutive sessions, vacation of the seat is automatic according
to law, and “in the circumstances it was not appropriate to seek to apply the rules of
natural justice with reference to the respondent being given a right to be heard prior to the
speaker making a decision…”.
[70]
The courts in this case held that a seat of a member of Parliament was to be vacated if the
Speaker decided that the preconditions as set out in the section of the Members of
Parliament (Vacation of Seats) Act 1983 were met. The provisions of the Vanuatu act are
in similar terms to Standing Order 15 of the Standing Orders of the Parliament of Dominica
which Standing Orders were established by the Parliament of the Commonwealth of
Dominica in the exercise of its power and duty of section 52 of the Constitution that
provides for the House to make its rules to regulate its own procedure. This was done in
1986 and approved by Parliament.
[71]
Learned Counsel, Mrs. Baron- Royer, submitted that at all material times the Speaker
acted pursuant to the provisions of Standing Order 15(2) in declaring the seats vacant
and there is no issue of breach of natural justice that arises and that part of the
Claimants’ case should be struck out.
THE CLAIMANT’S RESPONSE:
[72]
These submissions were opposed by the Claimant who essentially stated that the First
named Defendant breached sections 8(8), 35(1) and 40 of the Constitution.
[73]
Learned Counsel for the Claimants submitted that Section 35(1) of the Constitution speaks
to the tenure to be enjoyed by persons duly elected to Parliament that is from the date of
their election to the date that Parliament is dissolved and a break in that continuity is
unlawful and is a sufficient cause of action by itself.
24
Korman –v‐ Natpei 2010 VUCA 1.
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