The Supreme Court of Vanuatu will on Friday, 7 November 2025, hear an Urgent Constitutional Application lodged by five Opposition MPs — Andrew Wilbur Napuat, Allan Liki, Blaise Sumptoh, Micah Oliver, and Mathy Pehn Lange.

Their application challenges parts of the Constitution (Eighth) (Amendment) Act No. 21 of 2023, claiming that the new Articles 17A and 17B undermine democracy and violate Article 27 of the Constitution, which protects the freedom, privilege, and independence of Members of Parliament.

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What the Amendments Say

Article 17A allows a political-party president to notify the Speaker that an MP has “ceased to support” the party, following grounds listed in the party’s own constitution.
Once notified, the Speaker must declare the MP’s seat vacant.

Article 17B extends the rule to independent MPs and those affiliated with custom movements, requiring them to formally attach themselves to a political party within three months after an election.

These provisions were passed by a two-thirds majority in 2023 and approved in the national referendum held 29 May 2024, which means they are now part of the Constitution itself.

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Key Legal Question

Can a political party remove an elected representative without breaching voters’ sovereignty and MPs’ constitutional freedom of conscience?

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Updated Forecast (Based on Deep Legal Review)

Scenario Likelihood Explanation

Partial / Mixed Ruling 65 % The Court upholds Articles 17A & 17B as constitutional but reads in safeguards—requiring political parties to follow fair, transparent, and reviewable internal procedures before an MP loses a seat.
Government Win 20 % The Court treats the referendum-approved amendment as fully valid and prioritises political stability, giving parties authority to discipline MPs who cross the floor.
Opposition Win 15 % The Court finds the party-triggered vacancy rule unconstitutional for violating democratic representation and Article 27 freedoms, leaving only mild affiliation clauses intact.

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Why a Middle Ground Is Most Likely

Articles 17A & 17B now hold equal constitutional status—courts rarely strike down fresh constitutional text but often harmonise it with older clauses.

Article 27 still guarantees MPs freedom of conscience; the Court may interpret 17A narrowly so that only proven, fair, and transparent disciplinary actions can justify loss of a seat.

This balanced approach supports stability while protecting democratic integrity and natural-justice principles.

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Summary Forecast

Partial/mixed decision – 65 % chance

Government win – 20 % chance

Opposition win – 15 % chance

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Public Discussion

Supporters of the amendment argue it will finally end chronic political instability.
Opponents believe it hands too much power to party leaders, silencing MPs who speak for their constituencies.
Whatever the verdict, this case will define how far party loyalty can reach inside Vanuatu’s democracy.

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⚠️ Disclaimer

This article is analysis and opinion only.
It does not prejudge the Supreme Court’s decision and contains no personal allegations against any individual or institution.
Readers are encouraged to review the Constitution (Eighth) (Amendment) Act No. 21 of 2023 and the official referendum results for primary information.