2011–2012 Papua New Guinean constitutional crisis was a dispute between Sir Michael Somare and Peter O'Neill.
O'Neill had been elected by parliament as prime minister on 2 August 2011[1] and Sir Michael Somare claimed the post on the basis of a Supreme Court ruling on 12 December 2011.
[2] Article 142(2) of the Constitution provides that the Prime Minister is appointed "by the Head of State, acting in accordance with a decision of the Parliament."
[3] The Governor General had therefore to decide on the actual wish of parliament: the opinion identified by O'Neill or the wish as defined by the Supreme Court.
A previous attempt to mount a vote of no confidence by breakaway ministers and MPs led by Puka Temu had been unsuccessful.
[14][15] The desire not to seem displeasing to Somare may be the reason that it was in the end not presented as a motion of confidence but a declaration that the post of prime minister was vacant.
Belden Namah and Mekere Morauta of the main opposition PNG party led the revolt, but they did not become prime minister.
Instead, he used this position to fight a vigorous cleanup campaign of public enterprises in which he attacked especially the heritage of his predecessor, Arthur Somare.
That possibility was covered in the Constitution in section 142(5,c) on the grounds: "that two medical practitioners appointed by the National Authority responsible for the registration or licensing of medical practitioners have jointly reported in accordance with an Act of the Parliament that, in their professional opinions, the Prime Minister is unfit, by reason of physical or mental incapacity, to carry out the duties of his office.
"[3] Parliament had approached the Papua New Guinea Medical Board for such a mission to Singapore at the beginning of Somare's hospitalization.
The next possibility envisioned concerned the absence of a Member of Parliament, and because the PM is an MP in a Westminster parliamentary system, this is therefore applicable to the Prime Minister.
However, in early September Somare returned to PNG and declared that he was willing and able to finish his term of prime minister.
[20] On 9 December, Parliament amended the law to state that an absence of ninety days would make a parliamentary seat vacant.
The Speaker's decision to declare a vacancy in Somare's parliamentary seat in East Sepik was similarly unconstitutional and void.
The deputy speaker accepted the Supreme court ruling, but declared the seat again immediately vacant on the ground that Somare had been absent for 90 days.
That unit had remained loyal to Somare and had prevented O'Neill from entering the Governor-General's office (government house).
He stormed the main barracks in Port Moresby with a group of soldiers, and took the army commander Frances Agwi hostage.
Sasa presented his intervention as an attempt to mediation: he wanted to force both parties to return to parliament and forge a consensus.
The National Executive Council has no power over the appointment of judges; that is a prerogative of the Legal and Judicial Services Commission.
[37] The Supreme Court comprising all five judges met on 12 December 2011 and decided that the seat of PM as well as of MP in East Sepik were not vacant and O'Neill's position was unlawful.
[37] The Governor General proceeded to recognise the Somare government while parliament continued to support O'Neill.
In February there was another attempt to suspend the Chief Justice on grounds of personal misbehaviour, and a panel of judges was mentioned to look at misconduct by Salomo Injia.
Very soon after enacting the law two Supreme Court judges, Solomon Injia and Nicholas Kiriwom, were mentioned for disciplinary action to the Governor-General.
Belden Namah, the deputy PM, stormed the court and took Injia Solomon and Nichlas Kiriwom in detention.
He faced many legal challenges on governance grounds in this parliamentary period, which O'Neill successfully deflected.
The only case where the executive was defeated was over the challenge over the Manus Island detention centre, which the courts declared unconstitutional.
The power structure established during the constitutional crisis of 2011–2012 proved to be enduring: a politician who has the support of a clear majority in parliament can dominate over the whole government apparatus, including the courts.
He advocated that Peter O'Neill should face a leadership tribunal because of his handling of the controversial UBS loan to acquire equity in the Oil Search company.
[50] Almost immediately after that he proclaimed jointly with his old foe Mekere Morauta the need for investigation of O'Neill's handling of the UBS loan by international and local agencies because of the alleged fraudulent nature of the deal.
Polye, as minister of the treasury, refused to sign the UBS loan to buy back the OilSearch shares that had been lost in a previous financial deal.