Papua New Guinea Govt summoned by National Court over Covid-19

News that matter in Papua New Guinea


Papua New Guinea Govt summoned by National Court over Covid-19

PORT MORESBY: Papua New Guinea (PNG)’s Deputy Chief Justice Ambeng Kandakasi wants the Government to explain why people are ignoring the Coronavirus (Covid-19) rules, such as the wearing of face masks, and why authorities are failing to enforce them.

He ordered Health Minister Jelta Wong, National Pandemice Response Controller and Police Comm David Manning and Health secretary Dr Isborne Liko to be in court on Wednesday (Nov 24, 2021) to explain the National Pandemic Response Plan, the strategic implementation plan, relevant details of the Covid-19 awareness, contact tyracing and isolation.

Justice Kandakasi was presiding over two cases in the National Court in Waigani that questioned the constitutionality of the no-jab-no-job policy implemented by employers such as the National Capital District Commission.

Details of the court proceedings were published by The National:

Judge queries Covid-19 plans

November 17, 2021The NationalMain Stories

 Jelta Wong David Manning 

Osborne Liko

By CHARLES MOI
A SENIOR judge yesterday questioned why people were ignoring the Coronavirus (Covid-19) rules such as the wearing of face masks, and why authorities were failing to enforce them.
Deputy Chief Justice Ambeng Kandakasi also ordered Health Minister Jelta Wong, National Pandemic Response Controller David Manning and the Health secretary Dr Osborne Liko to be in court next Wednesday to explain the National Pandemic Response plan, the strategic implementation plan, relevant details of the Covid-19 awareness, contact tracing and isolation.
He was presiding over two cases in the National Court in Waigani, which questioned the constitutionality of the no-jab-no-job policy implemented by employers such as the National Capital District Commission (NCDC).
Justice Kandakasi said there were two conflicting issues before the court: human rights and workplace safety.
He said there was a lot of misinformation on the Covid-19 in the country, and told those in court yesterday to see the reality of the situation in PNG concerning the enforcement of Covid-19 protocols.
“Go to the streets. There is a crowd there. Are they observing the Covid-19 protocols?” Justice Kandakasi said.
“Are they observing the no meeting of people beyond a certain number?
“Certainly not based on what I see every day driving to court. Nobody (wearing) a mask.
“I do not know whether you lawyers are wearing masks throughout the day or just (putting one on when) entering the court premises.
“If everybody was following these protocols there would be no spread (of the Covid-19).
“That is the core issue that counsels on both sides need to address. What is the best way to get the general population to adhere to these protocols?
“Then vaccination may not be necessary. But when the general population is non-compliant and there is no enforcement by the authorities, what do you do?”
Justice Kandakasi also gave the National Executive Council, Prime Minister James Marape, Wong and Manning until Nov 22 to join the two consolidated court cases concerning the no-jab-no-job policy implemented by some government agencies, private companies and public statutory institutions.
The first case was filed by employees of NCDC challenging the legality of the no-jab-no-job policy imposed at City Hall.
City manager Bernard Kipit, NCD Governor Powes Parkop and the NCDC were named as defendants.
Lawyer Jason Brooks of Ashurst appeared for Kipit, Parkop and the NCDC.
Lawyer George Kaore appeared for the NCDC workers.
Kaore said the NCDC employees filed the case for the court to enforce the rights of the workers pursuant to section 41 of the Constitution (Prescribed Acts) and section 48 of the Constitution (Freedom of employment).
He said the Covid-19 vaccination should not be mandatory in the workplace
The other case was filed by the Human Rights Advocacy International through lawyer Baundo Francis, claiming that the no-jab-no-job policy was unconstitutional.
Justice Kandakasi after hearing arguments from lawyers ordered that Kipit, Parkop and NCDC to refrain from terminating employees of NCDC on account of having no Covid-19 vaccination.
He also ordered Kipit, Parkop and NCDC to stop removing any of the NCDC employees from the payroll, or deducting their pay unless the employees concerned have failed to turn up to work or have not met the work place requirements.
The parties return to Court on Nov 24 for hearing.

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