Constitutional Application Allowed – VBTC

Constitutional Application Allowed - VBTC
December 11, 2025

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Constitutional Application Allowed – VBTC

Parliament will reconvene on Tuesday next week to debate and vote on Motion No. 9 of 2025 after the Supreme Court ruled in favour of the Opposition on Wednesday afternoon.

The ruling came after Opposition Leader Ismael Kalsakau and seven other MPs filed a constitutional application challenging the Speaker’s earlier decisions relating to the motion. The case, registered as Constitutional Case 3507 of 2025, focused on the Speaker’s dismissal of the motion and his move to close Parliament.

In his judgment, Supreme Court Judge Oliver Saksak ordered Speaker Steven Felix to summon Parliament to sit on Tuesday, 16 December, at 10:30am to allow the motion to be debated and voted on, as required under Article 43(2) of the Constitution.

The formal declarations and orders are:

  • The First Respondent was and is incompetent of ruling on and disposing of Motion No.9 of 2025 on his own motion and will.
  • The Ruling of the Speaker dated 14th November 2025 in summarily closing Parliament is unconstitutional and in breach of Article 43(2) of the Constitution.
  • The Ruling of the Speaker ruling out Motion No.9 of 2025 and closing Parliament is unconstitutional and in breach of Article 43(2) of the Constitution and are hereby set aide.
  • Motion No. 9 of 2025 is in order, and must be debated and voted on by Parliament in accordance with Article 43(2) of the Constitution.
  • The Speaker of Parliament be hereby required to immediately summon Parliament to debate on Motion No.9 of 2025 on Tuesday 16th day of December 2025 at 10:30am.
  • The applicants are entitled to their costs on the standard basis as agreed, or taxed.

The Opposition had asked the Court to declare these matters and compel Parliament to sit. Justice Saksak granted the orders, directing the Speaker to ensure that Parliament convenes next Tuesday to proceed with the motion.

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