PARLEMENT DE LA PARLIAMENT OF THE REPUBLIQUE DE REPUBLIC OF VANUATU

ELEVENTH LEGISLATURE FIRST EXTRAORDINARY SESSION OF 2019 3-6 SEPTEMBER 2019

ONZIEME LEGISLATURE PREMIERE SESSION EXTRAORDINAIRE DE 2019 3-6 SEPTEMBRE 2019

SUMMARISED PROCEEDINGS PROCES -VERBAUX CERTIFICATION

The Minutes of Proceedings, which appear in the following book have been established by the Clerk of Parliament, have been amended and confirmed by Parliament in accordance with the provisions of the Standing Order 18 of Parliament.

Raymond MANUAKE Speaker of Parliament Clerk of Parliament ELEVENTH LEGISLATURE OF PARLIAMENT

FIRST EXTRAORDINARY SESSION OF 2019

3 September 2019

Speaker of Parliament

His Excellency, Hon. Esmon SAIMON

Parliament Office-Holders

First Deputy Speaker -Hon. Edwin Amblus MACREVETH

Second Deputy Speaker - Hon. Toara Daniel KALO

Third Deputy Speaker - Hon. Jack WONA

Fourth Deputy Speaker — Hon. Marcellino BARTHELEMY

Leader of the Government in the Parliament - Hon. Chariot SALWAI Tabimasmas

Deputy Leader of the Government in the Parliament — Hon. Jotham NAP AT

Leader of the Opposition — Hon. ALATOI Ishmael Kalsakau

Deputy Leader of the Opposition - Hon. William Fred TASSO

Leader of Government Business - Hon. Gillion WILLIAM

Government Whip - Hon. - Jimmy Nipo NANUMAN

Opposition Whip - Hon. — Jay NGWELE GOVERNMENT OF THE REPUBLIC OF VANUATU (These Ministers constitute the Cabinet and were in office on 3 September 2019)

Prime Minister and Minister of Public Hon. Chariot SAL WAI Tabimasmas Service

Deputy Prime Minister and Minister of Hon. Jotham NAP AT Trade Industry and Commerce

Minister of Infrastructure and Public Hon. Christopher EMILEE Utilities

Minister of Foreign Affairs, External Hon. Ralph REGENVANU Trade and Telecommunication

Minister of Internal Affairs Hon. Andrew NAPUAT

Minister of Finance and Economic Hon. Gaetan PIKIOUNE Management

Minister of Agriculture, Forestry and Hon. Matai SEREMAIAH Fisheries

Minister of Health Hon. Norris KALMET

Minister of Education Hon. Jean Pierre NIRUA

Minister of Lands, Geology and Mines Hon. Alfred MAOH and Water Resources

Minister of Justice and Social Welfare Hon.Don Ken NMALAMUMOMU

Minister of Youth and Sports Hon. Francois Chani TABISAL

Minister of Climate Changes Hon. Ham LINI Vanuaroroa.

11 ELEVENTH LEGISLATURE OF PARLIAMENT

FIRST EXTRAORDINARY SESSION OF 2019

3 September 2019

ALATOI, Hon. Ishmael Kalsakau Member for Port Vila UMP

ATI, Hon. Marc Member for Luganville VP

BARTHELEMY, Hon. Marcellino Member for Malekula RMC

EDWIN, Hon. Amblus Macreveth Member for Santo FMP

EMELEE, Hon. Christopher Claude Member for Torres VNDP

KALMASEI, Hon. Ronald Warsal Member for Santo VP

KALMET, Hon. Norris Member for Efate RMC

KALO, Hon. Toara Daniel Member for Shepherds VP

KALO, Hon. Seule Member for Port Vila VP

KALSAKAU, Hon. Joshua Tafura Member for Efate VLP

KALSAKAU, Hon. Ephraim Member for Efate PTV

KALORISU, Hon. Edwin Member for Efate LPV

KILMAN, Hon. Sato Member for Malekula PPP

KOANAPO, Hon. Johnny Rasou Member for Tanna VP

LANO, Hon. Kalo Pakoa Songi Member for Tongoa VP

LENGKON, Hon. Bruno Member for Ambrym NUP

LINI, Vanuaroroa, Hon. Ham Member for Pentecost NUP

LOUGHMAN, Hon. Bob Member for Tanna VP

LUDVAUNE, Hon. Jerome Member for Malekula RMC

MAHE, Hon. Rick Tchamako Member for Santo RMC

MAOH, Hon. Alfred Member for Santo GJP

iii MATA, Hon. Jacob Member for Ambae NAG

MELVE, Hon. Silas Bule Member for Pentecost NUP

NALING, Hon. Tomker Netvunei Member for Tafea Outer Islands RMC

NANUMAN, Hon. Jimmy Nipo Member for Tanna LPV

NAP AT, Hon. Jotham Member for Tanna LPV

NAPUAT, Hon. Andrew Solomon Member for Tanna GJP

NATAPEI, Hon. Kenneth Member for Port Vila VP

NATUMAN, Hon. Nakou Member for Tanna RMC

NEVU, Hon. Hosea Rothul Ovock Member for Santo VP

NGWELE, Hon. Jay Member for Ambae VP

NIRUA, Hon. Jean Pierre Member for Port Vila RMC

NMALAMUWOMU, Hon. Don Ken Member for Malekula PSP

PIKIOUNE, Hon. Gaetan Member for Santo VLM

REGENVANU, Hon. Ralph Member for Port Vila GJP

SAIMON, Hon. Esmon Member for Malekula VP

SALA, Hon. John Member for Malekula GJP

SAL WAI, Hon. Chariot Tabimasmas Member for Pentecost RMC

SAMSEN, Hon. Samson Member for Santo VPP

SEOULE, Hon. Simeon Member for Epi RMC

SEREMAIAH, Hon. Matai Member for Luganville LPV

SHADRACK, Hon. Gracia Member for Malekula LPV

TABISAL, Hon. Chani Francois Member for Pentecost LPV

TASSO, Hon. William Fred Member for Paama PTV

TONGOLILU, Hon. Daniel Isaac Member for Epi VP

IV VIRA, Hon. Alickson Member for Ambae AIP

WARAWARA, Hon. Uri Member for Malo/Aore GJP

WILLIAM, Hon. Gillion Member for Efate GJP

WILLIAMS, Hon. Albert Abel Member for Ambrym VP

WILSON, Hon. Ian Member for Maewo LPV

WONA, Hon. Jack Member for Banks VNDP

NOAM, Hon. Iouni wan Tom Member for Tanna VNDP

Political Party Abbreviation

Angai - Tagaro Indigenous Party AIP (1) PTV Parti Travailliste du Vanuatu (2) FMP Fren Melanesian Party (1) Rmc Reunification Movement for Change (9) GJP Graon mo Jastis Party (6) UMP Union of Moderate Party (1) LPV Leaders Party of Vanuatu (7) VLM Vanuatu Liberal Movement (1) NAG Nagriamel (1) VLP Vanuatu Labour Party (1) NUP National United Party (3) VNDP Vanuatu National Development Party (3) PPP People’s Progressive Party (1) VP Vanua’aku Party (13) PSP People Service Party (1) VPP Vanuatu Presidential Party (1) PARLIAMENT OF THE REPUBLIC OF VANUATU

ELEVENTH LEGISLATURE OF PARLIAMENT

FIRST EXTRAORDINARY SESSION OF 2019

TUESDAY 3 SEPTEMBER 2019

SPEAKER : The Hon. Esmon SAIMON, Member for Maleukla

PRESENT : 26 Members

ABSENT : The Hon. ALATOI Ishmael Kalsakau, Member of Port Vila The Hon. Marc ATI, Member for Luganville The Hon. Ronald Warsal KALMASEI, Member for Santo The Hon. Norris KALMET, Member for Efate The Hon. Ephraim KALSAKAU, Member for Port Vila The Hon. Joshua KALSAKAU, Member for Efate The Hon. , Member for Malekula The Hon. , Member for Tanna The Hon. Jacob MATA, Member for Ambae The Hon. Kenneth NATAPEI, Member for Port Vila The Hon. Nakou NATUMAN, Member for Tanna The Hon. Hosea NEVU, Member for Santo The Hon. Jay NGWELE, Member for Ambae The Hon. Tom NOAM, Member for Tanna The Hon. Pakoa Songi LANO, Member for Tongoa The Hon. Johnny KOANAPO, Member for Tanna The Hon. John SALA, Member for Malekula The Hon. Samson SAMSEN, Member for Santo The Hon. Matai SEREMAIAH, Member for Luganville The Hon. Kalo SEULE, Member for Port Vila The Hon. Fred William TASSO, Member for Paama The Hon. Toara Daniel KALO, Member for Shepherds The Hon. Isaac TONGOLILU, Member for Epi The Hon. Albert WILLIAMS, Member for Ambrym The Hon. Ian WILSON, Member for Maewo

1. The sitting commenced at 9.25a.m.

2. The Hon. Speaker SAIMON announced that in accordance with Article 21(4) of the Constitution, the quorum required at any session is 2/3 of the Members and, since the quorum was not established, Parliament was adjourned to meet again on Friday 6 September 2019 at 8a.m. ANNOUNCEMENT BY THE SPEAKER

3. The Hon. Speaker SAEMON announced that there were two convocations of parliamentary sessions, been sent to the Members. The first convocation on the First Extraordinary Session, from Tuesday, 3 September to Friday, 6 September, and the second convocation on Second Special Session, on Wednesday, 4 September at 2p.m. He, therefore, declared that Parliament would sit tomorrow at 2p.m to discuss the business of the special sitting. He continued that tomorrow, from 9a.m to 12p.m, members were invited to participate in a conference concerning the revision of the provisional copy of the Standing Orders made by some staff of the Parliamentary Secretariat with the assistance from the responsible Consultant. He added that this revision would allow the Standing Order Committee and the Clerk to prepare the final copy of the Standing Order to be tabled in the Second Ordinary Session of 2019 for approval by Parliament. He concluded that the meeting would be adjourned until Friday.

4. The sitting was adjourned at 9.30a.m

2 PARLIAMENT OF THE REPUBLIC OF VANUATU

ELEVENTH LEGISLATURE OF PARLIAMENT

FIRST EXTRAORDINARY SESSION OF 2019

FRIDAY 6 SEPTEMBER 2019

SPEAKER : The Hon. Esmon SAIMON, Member for Malekula

PRESENT : 52 Members

ABSENT :

LATE :

1. The sitting commenced at 9.00 a.m.

2. The Hon. Speaker Esmon SAIMON stated that according to Article 21(4) of the Constitution that Parliament shall meet three days later if there was no quorum at the first sitting in any session, a simple majority of members shall then constitute a quorum. He then explained that as there was no quorum on Tuesday 3 September 2019, thus, Parliament was adjourned. He added that a simple majority was required and as there was a required number of Members present, he declared that Parliament was quorate to proceed with the business it has been summoned to deal with. Thus, he also declared that the sitting was legally and constitutionally constituted to proceed with the agenda. The Hon. Speaker asked the Members of Parliament to raise and have a minute of silence in respect for the Late Donald KALPOKAS, former Member of Parliament and Prime Minister, and Late Jerry KANAS, former Member of Parliament.

3. The Hon. Speaker SAIMON, said the prayer and then read the agenda of the day.

ANNOUNCEMENT BY THE SPEAKER

4. The Hon. Speaker announced the new Member for Efate, the Hon. Edwin KALORISU, following the results of the by-election of Efate, to take his allegiance of oath to the nation.

5. The Hon. Edwin KALORISU, newly elected Member for Efate, took his oath of allegiance conducted by His Lordship Chief Justice LUNABEK then signed the Roll of Members.

6. The Hon. Speaker SAIMON said since there was a motion deposited to remove the Speaker, it would be proper that he would not preside over the sitting but rather a Deputy

3 Speaker. He thanked the Members for their cooperation and advice over the 3 years of being the Speaker of the House. He thanked God for his guidance over the years and then announced that the sitting be suspended.

7. The sitting was suspended at 9.20 a.m. and resumed at 10.25 a.m.

8. Mr. Raymond MANUAKE, Clerk of Parliament, informed the House that the office of Clerk had received the resignation letter of the Hon. Esmon SAIMON as Speaker of Parliament, dated 5 September 2019. Since there was vacancy in the Office of Speaker, he referred and read Standing Order 5 and 4 for the Parliament to proceed with the election of a new Speaker.

9. The Hon. Bob LOUGHMAN, Member for Tanna, raised a point of order and thanked the Clerk for giving the notification of the Speaker; however, he sought clarification on the Speaker’s resignation.

10. The Hon. ALATOI Ishmael Kalsakau, Leader of Opposition and Member for Port Vila, referred the Clerk to consider Article 22(3), ‘The functions ofSpeaker may be exercised by a Deputy Speaker', and said the as the Constitution supersedes the Standing Orders of Parliament, a Deputy Speaker should preside over the sitting. Thus, he stated that it is best for the Clerk to seek advice on this Article.

11. The Hon. Gracia SHAD RACK, Member for Malekula, questioned whether the Speaker’s resignation is valid as the letter is addressed to the Prime Minister and not the Clerk of Parliament as stated in the Standing Order 5(1). He said that there is a separation of power between Executive and the Legislative, and that the letter should be addressed to the Clerk instead of the Prime Minister.

12. The Hon. Ronald Warsal KALMASEI, Deputy Leader of Opposition and Member for Santo, told the Clerk that seeking legal advice on the matter at hand is the best option, to avoid any further legal actions and implications.

13. Mr. Raymond MANUAKE, Clerk of Parliament said that he took note of the comments and questions raised by the Members.

14. The Hon. KALMASEI raised a point of order and said that the Clerk has no power to preside on any sitting.

15. Mr. MANUAKE left the Parliament Chamber at 10.36 a.m. for 10 minutes to seek legal advice.

16. Mr. MANUAKE informed the house after seeking legal advice that he has no power to preside over the sitting, rather, exercising his role under SO 5(2). He said that SO 4 and 5 were triggered when the vacancy occurred. He said he was informed through a copy of the Hon. SAIMON’s resignation as the Speaker.

17. The Hon. ALATOI asked the Clerk to explain to the House the advice he had received following Article 22(3).

4 Mr. MANUAKE responded that he was not presiding over the sitting but exerting his role under SO 5.

The Hon. ALATOI asked the Clerk to provide the written legal advice on Article 22(3).

The Hon. KALMASEI also asked the Clerk to provide a legal advice from State Law Office on Article 22(3). He referred and read Article 22(3), and said that deputy speakers can preside over the sitting.

The Hon. Gracia SHADRACK said that since the Speaker had resigned, it no longer has the function as stated in Article 22(3). Thus, the Standing Orders of Parliament has to be followed because of this vacancy.

The Hon. ALATOI said that he is interested to see the written legal advice. He said that Article 22(3) states ‘...functions of Speaker', which is different from ‘...functions of the Speaker'. He said that latter refers to a person, which is not the case.

The Hon. Sato KILMAN, Member for Malekula, said that a Deputy Speaker can preside over the sitting other than the Clerk of Parliament, and then the house can follow the procedures in Standing Order 4 and 5.

The Hon. Matai SEREMAIAH, Minister of Agriculture and Member for Luganville, said that Article 21(5) had given Parliament the Power to make its own rule of procedure, which is the Standing Order.

The Hon. ALATOI reiterated to the Clerk to seek the legal interpretation of Article 22(3).

The Hon. Silas Bule MELVE, Member for Pentecost, said that the position in question relates to the Speaker and not the Deputy Speakers.

Mr. MANUAKE left the Parliament Chamber at 10.56 a.m. for 7 minutes to seek legal advice.

Mr. MANUAKE, after seeking legal advice, referred the house to Civil Case 29 of 1996 between Hon. Rialuth and Hon. Donald KALPOKAS. He explained that the judgement of that case indicated that when there is a vacancy in the Office of the Speaker, the Senior Member of the House would conduct the election and not a Deputy Speaker. Thus, he invited the Senior Member to conduct the election of the Speaker.

The Hon. ALATOI asked the Clerk to clarify whether the facts of that and the current issue were the same.

Mr. MANUAKE said that the question of the case relates to whether a deputy speaker should preside on the sitting or the elder member.

The Hon. Jotham NAP AT, Deputy Prime Minister and Member for Tanna, informed the House that he had a copy of the Case referred to by the Clerk, and that the judgement was clear.

5 32. The Hon. KILMAN said that a Senior Member conducts the election of the Speaker in the first election, however, as there are Deputy Speakers, one of which should preside over the sitting up to the election where the Senior Member would take the Chair to proceed with the election of the new Speaker.

33. Mr. MANUAKE referred to page 14 of the judgement and said that it stated clearly that the elder member presides in such circumstances, not any Deputy Speakers.

34. The Hon. Jotham NAP AT read the judgement of the case to the Members.

35. The Hon. KALMASEI requested a copy of the judgment and wanted to know whether it judged by the Supreme Court or the Magistrate Court.

36. The Hon. NEVU asked the Clerk to seek legal advice on the Hon. SHADRACK’s point that the Speakers resignation should be addressed to the Clerk and not the Prime Minister as stated in SO 5(1).

37. Mr. MANUAKE responded that it is voluntary resignation from the Speaker, and he had been notified according to SO 5(1). Therefore, he said that the House should proceed with the election.

38. The Hon. ALATOI alluded that the Speaker must send the written notice to the Clerk. He then asked the Clerk to provide the written notice to the Members.

39. The Hon. Jean Pierre NIRUA, Minister of Education and Member for Port Vila, asked the Clerk to direct the Speaker to re-write and correct his resignation letter.

40. The Hon. KILMAN said that a Deputy Speaker should be presiding on this sitting, and not the Clerk.

41. The Hon. KALMASEI emphasized that Article 22(3), and the validity of the Speaker’s resignation letter must be clarified through a legal advice.

42. The Hon. ALATOI told Mr. MANUAKE that the Clerk must not make any decision in the Chamber. He has to provide Members the advice before the sitting can proceed.

43. Mr. MANUAKE said that he noted the Hon. NIRUA’s point.

44. The Hon. Christopher EMELEE, Minister of Infrastructure and Public Utilities and Member for Torres, and said that the Clerk has a role provided in the SO. However, the Members can take it to Court if they do not agree.

45. The Hon. ALATOI reminded Mr. MANUAKE that the Clerk must not conduct any sitting as such and take any decision, only a Speaker.

46. The Hon. SHADRACK asked the Clerk to seek legal advice on the issue as the Constitution overrides the Standing Orders.

6 The Hon. NEVU reiterated that the Constitution overrides the SO. He said that when would the Members stop the practice of breaking the Constitution of the Republic of Vanuatu. He said that the Clerk must seek legal advice.

The Hon. Jotham NAP AT said that the issue at hand is the resignation because there is vacancy.

The Hon. NEVU raised a point of order that the interest of a person does not override the Constitution. He said that the Members have raised this, and the Clerk does not have the power to command the Members. He reminded the Clerk on a similar issue where a Member told the Clerk at that time that ‘who is he to command the Members, who are elected by the people’. He then asked the Clerk to seek legal advice.

The Hon. Seule KALO, Member for Port Vila, said that a Deputy Speaker should adjourn the sitting to sort the issues before the House proceeds further.

The Hon. ALATOI asked the Clerk to seek legal advice on the issues raised.

After consultation with the State Law Office, the Clerk entered the parliamentary chamber with the First Deputy Speaker, Hon. Edwin MACREVETH Amblus, Member for Santo.

Seconded by the Government Whip, Hon. Jimmy Nipo NANUMAN, Member for Tanna, Hon. Gillion WILLIAM, Member for Efate, Leader of Government Business, proposed the suspension of the Standing Order (SO) 16 for parliament to complete the matter in order.

The Hon. ALATOI Ishmael Kalsakau, Leader of Opposition referred to Article 16(3) then said that it was at the discretion of the First Deputy Speaker of Parliament to decide whether it was necessary to suspend the Standing Order or respect the time, which marked 11.30 am for the lunch break.

The Hon. KILMAN said there was a motion on the suspension of the Standing Order, which was seconded.

The Hon. Esmon SAEMON, Member for Malekula raised a point of order and said that Article 46 (2) stipulates that 2/3 of a vote on a motion to suspend Standing Order was required.

The Hon. First Deputy Speaker MACREVETH put to vote the suspension of the Standing Order in accordance with Article 46(2).

The motion was approved by 29 votes in favour and 20 votes against.

The sitting was suspended at 11.45a.m and resumed at 2.25p.m

7 60. The Hon. MACREVETH said that there were questions this morning regarding the procedure of the Speaker Esmon SAEMON’s resignation letter. He explained that according to Standing Order 5(1), the Secretary General of the Parliament was informed that a copy of the Speaker’s letter of resignation send to the Office of the Prime Minister. He, therefore, asked the Assembly to proceed with the appointment of a new Speaker of Parliament in accordance with Standing Order 5(3) and (4). He then asked the Most Senior of the Members, the Hon. Sato KILMAN, to take the Speaker’s seat and preside over the appointment of the new Speaker of Parliament.

61. The Hon. ALATOI stated that the Opposition did not receive any opinion on the resignation of the Speaker SAIMON.

62. The Hon. MACREVETH referred the Members to Article 5 of the Standing Order and said that an opinion had been tabled in Parliament this morning.

63. The Hon. Ronald Warsal KALMASEI, Deputy Leader of the Opposition raised a point of order and said that Parliament must respect the weekly orders of the work in accordance with Article 23 of the Standing Order.

64. The Hon. MARCREVETH explained that Parliament was convened for specific agenda items to be considered during his First Extraordinary Session and one of the cases is currently under consideration, therefore, the application of Article 23 was not judged necessary in this Extraordinary Session.

65. The Hon. ALATOI said that the case was not in order for consideration today and then asked for a suspension of the Standing Order to postpone the motion for tomorrow in accordance with Article 23(2).

66. The Hon. Chariot SALWAI, Prime Minister referred the Members to Article 17(2) of the Standing Order and read the provision and then insisted on the word “with the exception”.

67. The Hon. MACREVETH said that in accordance with Article 14 (2), the items on the agenda for this Special Sitting needed to be considered in Parliament and, therefore, he would refuse any further questions raised and that if a Member of Parliament believed that a procedure applied was illegal, he could challenge that in Court. With this, he asked the Senior Member of the Members Hon. Sato KILMAN to take the Speaker’s seat.

68. The Hon. KILMAN asked the Clerk, Mr. Raymond MANUAKE to read the provisions of Standing Order 4 of the procedure for the election of the new Speaker of Parliament.

69. After reading the French and English provisions of Article 5 (1) (2) and (3) and Article 4(1) (2) (3) (4) (5) and 6 of the procedures , the Hon. KILMAN requested that Parliament proceeds to the election in accordance with Standing Order 4(3) of the procedures.

8 ELECTION OF THE SPEAKER OF PARLIAMENT

Seconded by Hon. Marcellino BARTHELEMY, Fourth Deputy Speaker of Parliament and Member for Malekula, Hon. GILLION nominated the Hon. Seoule SIMEON, Member for Epi, for the election of the Speaker of Parliament.

The Hon. SEOULE accepted the nomination.

The Hon. KILMAN asked if there were any other nominations.

Seconded by the Hon. Jay NGWELE, Member for Ambae, the Hon. Hosea NEVU, Member of Santo, nominated Hon. MACREVETH.

The Hon. MACREVETH rejected the nomination.

Seconded by the Hon. NGWELE, the Hon. NEVU nominated Hon. Esmon SAEMON, Member for Malekula.

The Hon. SAEMON accepted the nomination.

Seconded by Hon. Gillion WILLIAM, the Hon. Jimmy NIPO moved that the nominations be closed.

The Hon. KILMAN chose two tellers on both sides of the Chamber, the Hon. Gracia SHADRACK, Member for Malekula, on Government side, and Hon. Fred TASSO, Member for Paama, from the Opposition side. He then asked the two tellers to check the ballot box and then asked the clerk to call on the list of Members to precede the vote.

After the counting of votes, the Hon. Senior Member KILMAN asked the two tellers to regain their seats. He then announced the results as follows; the Hon. SIMEON with 29 votes and the Hon. SAIMON with 22 votes. In accordance with Article 22(1) of the Constitution, he officially declared the Hon. Seoule SIMEON, Member for Epi, and the duly elected Speaker of the Republic of Vanuatu. He then congratulated the new Speaker and asked him to take his Oath of Allegiance and official Oath to be administered by the Attorney General, Mr. Arnold Kiel LOUGHMAN.

The Hon. SEOULE took his Oath of Allegiance and Official Oath.

The newly elected Speaker of Parliament Hon. SEOULE thanked the House for their support and said he expect to collaborate with both the Government and the Opposition to complete the mandate of this Eleventh Legislature. He then asked the Leader of Government Business, Hon. Gillion WILLIAM, and Member for Efate, to indicate the next agenda to be considered in Parliament.

The Hon. Gillion WILLIAM began by congratulating the new Speaker and said the House would consider Motion No. 3 of 2019 and explained that a correction would be made to it.

9 WRITTEN MOTION

MOTION NO. 3 OF 2019 (See Appendix -1)

MOTION TO REMOVE THE HON. TOARA D. KALO AS SECOND DEPUTY SPEAKER OF PARLIAMENT AND ELECT THE IION. HAM LINI VANUAROROA AS THE NEW SECOND DEPUTY SPEAKER.

83. Seconded by the Hon. Marcellino BARTHELEMY, Forth Deputy Speaker and Member for Malekula, the Hon. WILLIAM presented and moved the motion then proposed to amend the subject by deleting ‘the Hon. Ham LINI Vanuaroroa as Second Deputy Speaker’ and replacing it with ‘a new Second Deputy Speaker’.

84. The Hon. Bob LOUGHMAN, Member for Tanna, raised a point of Order, congratulated the new Speaker who would be Acting as Head of State when need be. He wanted to know if the motions were in order to be debated as motions takes three days to mature. He asked the Speaker to make clarifications on the latter.

85. The Hon. Speaker SEOULE responded that the motion was in order, thus its presentation earlier.

86. The Hon. LOUGHMAN supplemented that the motion provided the name for the new candidate, which made it regrettable for the Opposition to exercise its fundamental rights to nominate a candidate. He also asked if it was legal to make amendments to a written motion on the floor.

87. The Hon. WILLIAM said he had explained and it remained the Speaker’s discretion to decide on what should be done.

88. The Hon. Hosea NEVU, Member for Santo, congratulated the new Speaker and then explained that, should any changes be made to the motion it must be done in writing. He asked the Speaker to consider the issue.

89. The Hon. Speaker SEOULE read the subject of the motion indicating the correction that was made to it.

90. The Hon. Leader of Opposition ALATOI congratulated the new Speaker and looks forward to working impartially with him. He referred to Standing Order 34 then said the provisions does not require the motion to contain a name of a candidate. He added that the document is now tireless then asked if it was appropriate for the Forth Deputy Speaker to remove a Deputy Speaker from Office.

91. The Hon. Speaker SEOULE sought and gained consensus of the House to suspend the sitting in order to seek legal advice on the matter.

92. The sitting was suspended at 4.1 Op.m and resumed at 4.15 p.m.

10 93. The Hon. Speaker SEOULE said that as advised, Parliament would proceed with the motion and its amendments, followed by nominations before the proceeding to the election of the Deputy Speaker. He put the motion to amend Motion No. 3 of 2019.

94. The Hon. Hosea NEVU, Member for Santo, raised a point of order, and alerted the Speaker on the timing since it was almost 4.30 p.m., unless Government decides to suspend the SO.

95. The Hon. Speaker SEOULE thanked the Member and said that he has put the motion to vote.

96. The motion to amend the purpose of the motion by deleting the 1 ...Hon. Ham Lini Vanuaroroa as...’ from the text and replaced it with "...a new... ’ was approved by 23 votes in favor and 15 votes against.

97. Seconded by the Hon. Marcellino BARTHELEMY, Member for Malekula, the Hon. Gillion WILLIAM, Leader of Government Business and Member for Efate, moved Motion No. 3 of 2019 to remove the Hon. Daniel Toara KALO as Second Deputy Speaker, and to elect a new Second Deputy Speaker.

98. The motion was approved by 27 votes in favor and 18 votes against.

99. The Hon. Speaker SEOULE asked for nominations.

100. Seconded by the Hon. BARTHELEMY, The Hon. Gillion WILLIAM nominated the Hon. Gracia SHADRACK, Member for Malekula to be Second Deputy Speaker.

101. The Hon. SHADRACK congratulated the Speaker and the newly elected Member on their election, as well as the Opposition on their support to the Leaders Party of Vanuatu during the campaign. He then accepted the nomination.

102. The Hon. Toara Daniel KALO, Member for Shepherds, congratulated the Speaker, and then said that since it would be fair for a Member for Malekula to be a Deputy Speaker since a Member for Shefa has been the Speaker. He then moved that nomination be closed, seconded by the Hon. Jimmy NIPO, Member for Tanna.

103. The Hon. Speaker declared nominations close then declared that the Hon. Gracia SHADRACK, Member for Malekula, has been duly elected unopposed as Second Deputy Speaker of Parliament.

104. Acting Attorney General Arnold Kiel LOUGHMAN officiated the official oath and oath of allegiance taken by the Hon. SHAD ACK.

105. The Hon. Speaker SEOULE thanked the Acting Attorney General, and congratulated the Hon. SHADRACK as newly elected Second Deputy Speaker.

11 MOTION NO. 2 OF 2019 (See Appendix - II)

MOTION TO REMOVE HON. ESMON SAIMON AS SPEAKER OF PARLIAMENT AND TO ELECT SEOULE SIMEON AS SPEAKER OF PARLIAMENT

106. The Hon. Gillion WILLIAM withdrew the motion, as there was not enough time.

MOTION NO. 4 OF 2019 (See Appendix - III)

MOTION TO ELECT HON. GRATIEN SHEDRACK AS THIRD DEPUTY SPEAKER OF PARLIAMENT

107. The Hon. Gillion WILLIAM withdrew the motion, as there was not enough time.

108. The Hon. WILLIAM also proceed and withdrew all the 9 Bills listed for the First Extraordinary Session of 2019, due to insufficient time.

109. The Hon. Seule KALO raised a point of order, congratulated the Speaker on his election, and then asked the Hon. WILLIAM to the withdrawal of Motion No. 2 of 2019, as the House had proceeded with the election of the Speaker.

110. The Hon. WILLIAM explained that the Clerk advised him that the motion is still in order, but he has to withdraw the motion. However, the Speaker had already resigned.

111. The Hon. Speaker Simeon SEOULE thanked the House for the business conducted on this session, and reminded the Members that the Special Siting was adjourned to Wednesday 11 September. He then officially closed the First Extraordinary Session of 2019.

112. THE FIRST EXTRAORDINARY SESSION OF 2019 OF THE ELEVENTH LEGISLATURE WAS CLOSED AT 4.35 P.M.

12 APPENDICES APPENDIX - I PARLEMENT DE LA PARLIAMENT OF REPUBLIQUE DU i/J THE REPUBLIC OF VANUATU VANUATU

lldme LEGISLATURE 11th LEGISLATURE

Motion Number of 2019

Moved by: Honourable Gillion William, Leader of Government Business Honourable Marcellino Barthelemy, Fourth Deputy Speaker

PURPOSE: Move a Motion to remove Hon. Toara Daniel Kalo as Second Deputy Speaker of Parliament and to elect Hon. Ham Lini Vanuaroroa as Second Deputy Speaker. Pursuant to: 1. Article 22 of the Constitution of the Republic of Vanuatu that establishes the Office of Speaker and Deputy Speakers.

2. Standing Order 6 of the Standing Orders of Parliament that provides for the election of Deputy Speakers.

PARLIAMENT NOW DECIDES BY THIS MOTION:

1. To remove Hon. Daniel Toara Kalo as Second Deputy Speaker of Parliament.

2. To elect Hon. Ham Lini Vanuaroroa as Second Deputy Speaker of Parliament.

3. That this Motion comes into force the day where it is passed by the Parliament.

Mover: Seconder:

Hon. Gillion William'lliam Hon. Marcellino Barthelemy Leader of Government Business Fourth Deputy Speaker

Made at Port Vila on this .vf/.i/.... .August 2019. APPENDIX - 11

PARLEMENT DE LA PARLIAMENT OF REPUBLIQUE DU THE REPUBLIC OF VANUATU VANUATU

ll?me LEGISLATURE 11th LEGISLATURE

Motion Number...... “r—r...... of 2019

Moved by: Honourable Gillion William, Leader of Government Business Seconded by: Honourable Marcellino Barthelemy, Fourth Deputy Speaker

PURPOSE: Move a Motion to remove Hon. Esmon Saemon as Speaker of Parliament and to elect Hon. Seoule Simeon as Speaker of Parliament. Pursuant to: 1. Article 22 of the Constitution of the Republic of Vanuatu that establishes the Office of Speaker.

2. Standing Orders 4 and 5 of the Standing Orders of Parliament that provides for the election of Speaker of Parliament.

PARLIAMENT NOW DECIDES BY THIS MOTION:

1. To remove Hon. Esmon Saemon as Speaker of Parliament.

2. To elect Hon. Seule Simeon as Speaker of Parliament.

3. That this Motion comes into force the day where it is passed by the Parliament.

Mover:

Hon. Gillion William Hon. Marcellino Barthelemy Leader of Government Business Fourth Deputy Speaker

Made at Port Vila on this . .August 2019. appendix - 111

PARLEMENT DE LA PARLIAMENT OF REPUBLIQUE DU THE REPUBLIC OF VANUATU VANUATU

neme LEGISLATURE 11th LEGISLATURE

Motion Number of 2019

Moved by: Honourable Gillion William, Leader of Government Business Seconded by: Honourable Marcellino Barthelemy, Fourth Deputy Speaker

PURPOSE: Move a Motion to elect Hon. Gratien Shedrack as Third Deputy Speaker of Parliament. Pursuant to:

1. Article 22 of the Constitution of the Republic of Vanuatu that establishes the Office of Speaker and Deputy Speakers.

2. Standing Order 6 of the Standing Orders of Parliament that provides for the election of Deputy Speaker of Parliament.

Considering that:

1. The position of the Third Deputy Speaker of Parliament is vacant since 03 September 2019.

PARLIAMENT NOW DECIDES BY THIS MOTION:

1. To elect Hon. Gratien Shedrack as Third Deputy Speaker of Parliament.

2. That this Motion comes into force the day where it is passed by the Parliament.

Mover:

Hon. Marcellino Barthelemy Leader of Government Business Fourth Deputy Speaker

Made at Port Vila on this . : i. J..... August 2019.