Vanuatu's Supreme Court this afternoon dismissed a constitutional application challenging the dissolution of parliament.
Some of the MPs who had brought the action over the dissolution, outside the courthouse Photo: Hilaire Bule
It means the country is now set to go to elections on October 13th, though the caretaker oppositon has indicated it may appeal.
The 27 opposition MPs had challenged the legality of this dissolution, given a motion of no confidence had been filed against Bob Loughman as prime minister.
The 27 MPs submitted that, under those circumstances, the Council of Ministers was not competent to advise the president to dissolve the parliament and that this was contrary to article 66(1) of the constitution because Mr Loughman stood to benefit from the dissolution as it would stop the applicants moving and voting on the motion.
The respondents submitted there was no substantive evidence that would support an allegation of conflict of interest on the part of Mr Loughman.
The respondents said a decision to dissolve parliament is a collective resolution of the Council of Ministers.
Photo: RNZ/Sally Round
They said that once the collective decision was made Mr Loughman had no control over the dissolution of parliament, which they claimed was a discretionary power of the president alone.
The court accepted the respondents' submissions that there was no constitutional infringement by the Council of Ministers or the President.
The public relations officer for the government, Fred Vurobaravu, said the government welcomed the Supreme Court decision..
He said they believed the best option forward is to reset through the snap election
Mr Vurobaravu said there would be no guarantee for stability if the country went with the motion.
He called it a win for the national and common interest over personal interests.