The Supreme Court of Vanuatu, in a decision presided by Judge Edwin Goldsbrough, has ruled that Vanuatu’s opposition party won a no-confidence motion against incumbent Prime Minister Ishmael Kalsakau. The verdict came on the heels of an initial ruling by the Parliament speaker, who concluded that the motion fell short, as it had not achieved the absolute majority threshold of 27 votes. The Supreme Court, however, challenged this verdict, owing to a vacant Parliament seat during the motion. Full ruling available here.
Goldsbrough’s decision addressed the issue of the correct absolute majority, unpacking the standard set by Kilman v Speaker of Parliament of the Republic of Vanuatu, eventually concluding that the majority in this case should be calculated based on the active members of Parliament, a total of 51, making the majority count 26. Consequently, the no-confidence motion against Kalsakau was determined to have won, as it had acquired the revised majority of 26 votes.
Judge Goldsbrough also postponed a measure to depose Prime Minister Kalsakau until 15:00 on Monday, creating an opportunity for an appeal. If the appeal is either not lodged or dismissed, the Parliament of Vanuatu is set to elect a new prime minister.
The no-confidence petition levied against Kalsakau was submitted by opposition leader Bob Loughman, who governed Vanuatu before Kalsakau took the reins. According to a report by Reuters, Loughman criticized Kalsakau for ratifying a security pact with Australia, alleging it undermines the neutral identity of Vanuatu and could potentially threaten aid from China. Nonetheless, Kalsakau disputed these assertions, claiming that Loughman’s stand was baseless and affirming in an interview with ABC, that his leadership has seen more visits from international dignitaries, including French President Emmanuel Macron, compared to Loughman’s tenure.