Opposition Leader Hon. Ishmael Kalsakau said that while Article 17 requires an MP to follow the directions of their political party to avoid a seat vacancy, Article 27 of the Constitution provides a different position.
In response to a statement released last week by Prime Minister Hon. Jotham Napat, Kalsakau explained that a recent constitutional case involving several opposition MPs sought a court ruling to clarify their democratic rights as Members of Parliament under Article 17, passed via referendum, and Article 27 of the Constitution.
“I want the PM to reflect on or understand the difference between votes of conscience, votes of interest, votes based on party affiliation, and other votes you exercise. MPs’ Article 27 talks about their rights inside Parliament. When they are in Parliament, whether they speak or vote, they represent either their party or the people who elected them. This is where the court must intervene.”
Kalsakau emphasized that the court must clarify whether MPs can vote against their party.
“The MPs just want to know if they can vote against their party or not. For instance, if I and another MP are in the same party, and there is a question on religion, as president, I may say, ‘If I vote like this, you must vote like that?’ If it goes against religious conscience, they will say, ‘President, we are in the same party,’ but I will vote according to my conscience. This is why the court will provide clarity to protect MPs’ ability to vote according to their conscience and the people they represent.”
The constitutional case triggered a strong reaction from the government when Prime Minister Napat released a statement claiming that the opposition’s move was an attempt to regain control over the country and introduce major changes in government through motions.
Opposition Leader Kalsakau clarified that the case is not about political instability.
“This is the business of the application in court, not about anyone reading it as stability or instability. After eight months, the PM must know whether there is stability or not. I am the President of UMP. If members want to express themselves, let them.”
