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IN THE COURT OF APPEAL OF THE REPUBLIC OF VANUATU Civil Appeal (Civil Appellate Jurisdiction) Case No. 24/1631 COA/CIVA IN THE MATTER OF: AN APPEAL BY JOSHUA TAFURA KALSAKAU, SEULE KALO, IARIS NAUNUN, JIMMY NAMPAS, NORBERT SUMSUM and ALEX STEPHEN IN THE SUPREME COURT OF THE REPUBLIC OF VANUATU BETWEEN: JOSHUA TAFURA KALSAKAU, SEULE KALO, IARIS NAUNUN, JIMMY NAMPAS, NORBERT SUMSUM and ALEX STEPHEN Appellants AND: THE REPUBLIC OF VANUATU Respondent Date of Hearing: 7 August 2024 Coram: Hon. Justice J. Mansfield Hon. Justice R. Young Hon. Justice O. A. Saksak Hon. Justice D. Aru Hon. Justice V. M. Trief Hon. Justice E. P. Gofdsbrough Counsel: S. C. Hakwa for the Appellants A. K. Loughman for the Respondent Date of Judgment: 16 August 2024 JUDGMENT OF THE COURT In December 2023, the Vanuatu Parliament enacted the Constitutional (Eighth) (Amendment) Act No. 21 of 2023 and the Political Party Registration Act No.15 of 2023. The Constitution Act was to add Article 17A and Article 17B to Article 17 of the Vanuatu Constitution. Clause 17 of the Constitution relates to the election of members of Parliament. aa, 2. By Article 86 of the Vanuatu Constitution, an amendment to the “parliamentary system” “shall not come into effect unless it has been supported in the national referendum”. The Constitution (Eighth) (Amendment) Act, given it related to the parliamentary system, was therefore referred for a national referendum to be held. The referendum was to be conducted on 29 May 2024. On 8 May 2024 the appellants filed an urgent Constitutional Application. The application sought: a) adeclaration that the Political Parties Registration Act was unconstitutional; b) adeclaration that the Constitution (Eighth) (Amendment) Act was unconstitutional; c) an order restraining the Electoral Commission from organising a national referendum. The application was heard by the Chief Justice on 24 May 2024 and a judgment given the following day, 25 May 2024. The court made the following orders. a) The application to declare that the Political Parties Registration Act was unconstitutional was adjourned there being no urgency to deal wit