Attorney General Commends Supreme Court for Upholding Separation of Powers

Minister for Justice and Attorney General Hon. Pila Niningi has commended the Supreme Court for reaffirming the constitutional principle of the separation of powers in a recent ruling.

The Attorney General welcomed the Court's decision to reject an application filed by Deputy Opposition Leader James Nomane, which sought to prevent Parliament from debating a proposed amendment to Section 145 of the Constitution. The five-member bench unanimously dismissed the application, allowing parliamentary debate to proceed when Parliament resumes on March 11, 2025.

In his statement, Minister Niningi said the ruling upholds Section 99 of the Constitution, which establishes the separation of powers among the three arms of government: the National Parliament, the National Executive Council, and the National Judicial System.

“The Constitution clearly vests powers and responsibilities in each branch of government. When these institutions operate independently, as intended, they reflect the will of the people as granted directly by the Constitution,” Niningi said.

He added that the Court’s decision affirms its role as an interpreter of the law rather than a maker of laws, reinforcing the judiciary's respect for parliamentary sovereignty.

“This demonstrates that Papua New Guinea has a strong and independent judiciary, which is a vital pillar of our democracy,” Niningi stated.

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