By DALCY LULUA
PAPUA New Guinea’s Vagrancy Act is set to face a constitutional challenge in the Supreme Court following strong opposition from Opposition Leader James Nomane, who has labeled the law discriminatory and fundamentally flawed.
Nomane announced that he will take legal action immediately after Easter, arguing that the Act violates key constitutional rights, including freedom of movement under Section 52.
“That’s our undertaking to the country-we will go to the Supreme Court and challenge this law because, as far as we’re concerned, it is unconstitutional,” he said.
The Opposition Leader criticized the government for pushing the bill through Parliament without adequately considering its consequences, describing it as “another superfluous law” driven by political numbers rather than careful policy analysis.
The legislation passed overwhelmingly in Parliament, with 80 MPs voting in favor and Nomane casting the sole vote against it.
Nomane warned that the law undermines the core principle of national unity of “one people, one nation” by potentially restricting citizens’ ability to move freely across the country regardless of their province or background.
He also questioned how the law would be enforced, raising concerns about the absence of budget allocations and implementation planning.
“How are you going to enforce it? Where is the budget appropriation?” he asked.
At the heart of his criticism is the definition of “vagrancy,” which he described as vague and overly broad. According to Nomane, it could apply to a large portion of Papua New Guinea’s population, particularly those without permanent housing or formal employment.
“When you look at that definition, it covers the bulk of Papua New Guineans,” he said. “Rather than criminalizing poverty, the government should address the root causes affecting marginalized citizens.”
Nomane further argued that the Act risks creating social divisions, likening it to a caste system that separates citizens based on economic status.
He also pointed out that similar laws have previously been struck down by the courts, questioning why Parliament would reintroduce legislation already deemed unconstitutional.
“This is a fight for the country and to defend the Constitution,” Nomane said. “It’s something the opposition must take up in response to the cries of the people.”
The legal challenge is expected to be filed as soon as the courts reopen after the Easter period.