Court rules NEC’s appointment of Western Highlands administrator unlawful

 News that matter in Papua New Guinea

FLASHBACK: For details, go to https://www.thenational.com.pg/appointment-of-new-administrator-raises-tension-in-kundiawa/?fbclid=IwAR0KVumZdIGL5TUw5wVAeSgw6FaeIImYyrRcHOEwZAo2LKLLAFntLLDItlY 

Court rules NEC’s appointment of Western Highlands administrator unlawful

PORT MORESBY: The National Court has ruled that the National Executive Council (NEC)’s appointment of Western Highlands administrator Elvis Mark Balg is unlawful.

Justice David Cannings also ordered the reinstatement of Joseph Neng as administrator within 14 days.

Here are the details of the court ruling as reported by The National:

Appointment unlawful: Court

April 6, 2021The NationalNational

By KARO JESSE
THE National Court on March 29 ruled that the appointment of Western Highlands administrator Elvis Mark Balg is unlawful.
Justice David Cannings said the National Executive Committee (NEC)’s decision to make the appointment was ultra vires in the Constitution.
He made the ruling after upholding a judicial review application filed by Western Highlands Governor Paias Winti against the appointment of Balg.
Justice Cannings said the NEC did not follow a mandatory requirement in section 73 (2) of the organic law for it to appoint a provincial administrator from a list of three persons that was to be provided by the provincial executive council.
The court quashed Balg’s appointment and declared that the circumstances provided by s.60(4) of the Public Service (management) Act 1995 exist in respect of the office of the provincial administrator, in that the office is vacant and the person who held the office before the vacancy, Joseph Neng, was willing and eligible to continue in that office.
For the purposes of filling the vacancy, the court ordered:

· THE Department of Personell Management shall, within 14 days after service of this (order), pursuant to s.60(4) of the Public Services (management) Act, justify the reappointment of Neng as provincial administrator and notify the Public Services Commission (PSC);

· THE PSC shall, within seven days after receipt of the notification, recommend to the Western Highlands executive council that Neng be reappointed;

· THE provincial executive council shall, within seven days after receipt of the recommendation advise NEC to reappoint Neng; and,

· NEC, within 14 days after the receipt of such advice, can advise the PSC and the departmental head of Department of Personnel Management that it does not agree to the reappointment, in which case the procedures in s.60 of the Public Services (Management) Act 1995, including advertising for the vacancy, shall apply.

Comments

Post a Comment

Popular posts from this blog

Growing unemployment rate in Papua New Guinea

Image
News that matter in Papua New Guinea Growing unemployment rate in Papua New Guinea (Employment stagnant since 2014) PORT MORESBY: Employment in Papua New Guinea (PNG) has remained stagnant since 2014 with millions of unemployed looking for jobs. The formal job market currently can only accommodate between 400,000 and 500,000, Institute of National Affairs executive director Paul Barker says. “As more young people enter the job market this year after graduating from tertiary institutions and schools, the chances of securing formal employment is slim. “Employment had remained stagnant despite the increase in potential workers coming out of educations institutions,” he added. Read on for more details as published by The National : Hard to get jobs January 27, 2022 The National Main Stories By DALE LUMA MILLIONS of eligible workers around the country are looking for jobs in the formal sector, which currently can ...
Read more

Sugu Valley tribal war death toll rises to at least 30

Image
News that matters in Papua New Guinea Armed tribal warriors on the move in Sugu Valley. Sugu Valley tribal war death toll rises to at least 30 PORT MORESBY: At least six tribes have been fighting in Sugu Valley (Kagua-Erave, Southern Highlands) since Feb 10, 2019, without any signs of an end and peace. In fact, the death toll has risen to at least 30, up from 11 on May 23, 2019, and the opening of a new battlefront in Sumbura near Poroma with multiple deaths reported in 24 wards. Armed tribal warriors on the march into the forests and jungles. PNG Cyber Monitor had on a May 25, 2019, posting ( https://pngcybermonitor.blogspot.com/2019/05/real-life-rifles-bows-and-arrows-bloody.html Real life rifles, bows and arrows bloody fights in PNG ) highlighted the bloody battle waged by tribal warriors armed with rifles, bows and arrows and knives. PNG Cyber Monitor is again highlighting the plight of the villagers who have been living in fear as reported by The Nationa...
Read more

Sorcery shame for Papua New Guinea in X’mas

Image
News that matter in Papua New Guinea Sorcery tortures and violence are still being practised in Papua New Guinea in this 21st Century digital era. Sorcery shame for Papua New Guinea in X’mas PORT MORESBY: It was international shame for Papua New Guinea (PNG) this Christmas when sorcery reared its ugly head. Six women were stripped, bound to poles and burnt with hot knives as they screamed in pain, watched by an unsympathetic crowd. In a video that has gone viral in the internet, the women were accused of practising sorcery in Southern’s Enga. Police Comm David Manning described the sorcery torture as vile, inhumane, uncivilised, void of any human decency. “Papua New Guinea cannot progress without letting go of these horrific traditional beliefs. We have launched an urgent probe into the incident in Aiya’s Pawayamo village in Kagua-Erave.” The news break was published by The National : Horror torture of women Decem...
Read more