Court restrains Works Dept from interfering in Madang town roadworks

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Court restrains Works Dept from interfering in Madang town roadworks

PORT MORESBY: The National Court in Madang has restrained the Works Department from interfering or frustrating the Madang development authority concerning roadwork in Madang town.

Justice David Cannings issued the order on Saturday (Jan 22, 2022) after a motion was filed by Madang MP Bryan Kramer, the 15th respondent in the landmark human rights case concerning dilapidated road conditions in Madang town.

The details of the court proceedings were published by The National:

Court restrains Works from interfering in roadworks in Madang

January 26, 2022The NationalNational

THE National Court in Madang has restrained the Works Department from interfering or frustrating the Madang development authority (MDDA) concerning roadwork in Madang town.
Justice David Cannings issued the order last Saturday after a motion was filed by Madang MP Bryan Kramer, the 15th respondent in the case.
Justice Cannings ordered that the 4th respondent, the provincial Works manager, Works Department, Works secretary David Wereh and all other officers and agents of the Works Department shall not take possession of, recall or ground any of the plant and equipment listed in the memorandum of agreement between the authority and the Works Department.
He also ordered Wereh or his deputy secretary (operations) to consult the authority chairman by Feb 7 to appoint a senior engineer to supervise works carried out by or on behalf of MDDA on the Modilon Road and to ensure compliance with department standards, designs and specifications.
The court also ordered that:

  • THE provincial Works manager, Works Department and, if necessary, Wereh and the Works Department, Madang plant and transport division manager Andrew Pat or another person in authority shall ensure plant and equipment in the agreement between MDDA and Works are released to the authority by Jan 25;
  • MADANG commander Acting Supt Mazuc Rubiang is authorised to provide police assistance and use reasonable force to ensure compliance with these orders;
  • MDDA chairman shall, by Monday (Jan 31), ensure the release of K300,000 and payment to the Works for payment for plant and equipment hired by the authority for the period of September to December; and;
  • AUTHORITY chairman shall, by Feb 7, assess the Works Department Madang branch for invoices against MDDA’s own daily logs and in the event of agreement pay outstanding invoices by Feb 28.

The case was adjourned to March 24.
The case concerns the court’s inquiry into the effect of dilapidated road conditions on enforcement of human rights in Madang town.

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