On Tuesday, February 18, 2020, Palau court issued a ruling on Civil Action 19-090, saying that Koror State Legislature’s Rules of Procedure do not violate Koror State Constitution.
Court denied the motion from 10 of KSL legislators for summary judgment, where they had asked the court to rule certain sections of the 11th KSL Rules of Procedures as unconstitutional.
In 2019, 10 members of the 11th Koror State Legislature Legislators Felix Francisco, Vann Isaac, Ignacio Rengulbai, Jennifer Sugiyama, Eledui Omelau, Leorry Ngiramowai, Devon Andreas, Polycarp Marcil, and Wilson Ngirausui and KeraiNgirchorachel sought to change the leadership of the 11th Koror State Legislature.
In doing so, Rule 1 (C)(7), Rule 10(G) and Rule 14 within the KSG Legislature Rules of Procedure prevented them as it requires 2/3 of the legislators to amend their rules on the removal of the speaker.
The 10 Legislators filed a suit against Koror State Legislature and Speaker Alan Marbou claiming that Rule 1 (C)(7), Rule 10(G) and Rule 14 within the KSG Legislature Rules of Procedure are in violation of Koror State Constitution and asks the court to declare the rules “null and void”.
The court in its ruling this week stated that KSL Rules are not in violation of Koror State Constitution Article VIII, Section 7, “because they do not prevent legislators from electing a speaker by majority vote”.
According to the court, the legislators at the beginning of the session, by majority elected Speaker Marbou but they also limited their ability to remove the speaker by adopting rules requiring a supermajority for removal of the speaker.
Furthermore, it stated, “Because the Speaker has already been elected and nothing in the Constitution limits legislators’ ability to restrict the Speaker’s removal by requiring a two-thirds vote to do so once he or she has been elected, the Rules and Procedure for the Eleventh Koror State Legislature do not violate the Koror State Constitution.” (L.N. Reklai)