Weibur v The Republic of Vanuatu

Court Supreme Court

Case type Constitutional

Case number 1872 of 2021

Hearing date 09 Jun 2021

Decision date 09 Jun 2021

Official PDF document

Judge(s) Justice Oliver Saksak

Respondent(s) The Republic of Vanuatu - Respondent; Gratien Shadrack, Speaker of Parliament - Interested Party

Applicant(s) Bob Loughman Weibur - First Applicant; Alatoi Ishmael Kalsakau - Second Applicant; Johnny Koanapo Rasou - Third Applicant; Jay Ngwele - Fourth Applicant; James Bule Fifth Applicant; Willie Daniel - Sixth Applicant; Willie Pakoa Satearoto Seventh Applicant; Lenkon Tao Bruno - Eighth Applicant; Seule Simeon - Ninth Applicant; Mark Ati Tenth Applicant; Silas Bule Melve - Eleventh Applicant; Samson Samsen - Twelfth Applicant; Edward Nalyal Molou - Thirteenth Applicant; Nakou Ianatom Natuman - Fourteenth Applicant; Leonard; Joshua Pikioune - Fifteenth Applicant; Marc Muelsul - Sixteenth Applicant; Edmund Julun - Seventeen Applicant; Xavier Emanuel Harry Eighteenth Applicant; Anthony Iaris Harry - Nineteenth Applicant

Counsel Mr Robert Sugden and Mr Avock Godden for the First to 19th Applicants;Mr Nigel Morrison and Ms Stephanie Mahuk for the Speaker of Paraliament ( Interested Party); Mr Frederick Gilu for the Republic

REASONS FOR JUDGMENT

ORDERS

Having heard Mr Sugden in relation to an urgent ex parte application heard inter partes, and upon reading the sworn statement of Edward Nalyal in support thereof together with a sworn statement of urgency and an undertaking as to damages,

And upon there being no objections by Mr Morrison and Mr Gilu to the application and order sought by the Applicants,

And upon Mr Morrison proposing, without objections that the Speaker of Parliament be added as Interested Party to the proceeding,

I therefore Order that-

1. The application be allowed.

2. Until further orders of the Court, the Speaker of Parliament is Ordered to not take any steps to implement, in any way, his ruling dated 8th June 2021, which is in all respects STAYED in respect of the all the 19 Applicants.

3. The case shall be returnable for a Rule 2.8 conference at 10:00am on Thursday 10th June 2021.

DATED at Port Vila this 9th day of June, 2021.
BY THE COURT

………………………
Oliver Saksak
Judge