Suspended dept secretary Fr Czuba wins appeal

News that matter in Papua New Guinea

Suspended dept secretary Fr Czuba wins appeal

PORT MORESBY: Suspended Higher Education, Research, Science and Technology Department secretary Fr Jan Czuba won his appeal in the Supreme Court to review his suspension yesterday (March 7, 2022).

Czuba had appealed to the Supreme Court to set aside the National Court’s decision in July that refused his appeal to seek a judicial review.

Details of the court proceedings were published by The National:

Czuba wins appeal

March 8, 2022The NationalMain Stories

SUSPENDED Department of Higher Education, Research, Science and Technology secretary Fr Jan Czuba won his appeal in the Supreme Court to review his suspension yesterday.
Czuba had appealed to the Supreme Court to set aside the National Court’s decision last July that refused his appeal to seek a judicial review.
Justice David Cannings said Czuba’s major grounds of appeal were based on him being directly affected by this suspension and that there was an arguable case that the Public Service Minister Joe Sungi and the Public Service Commission had erred by law were upheld.
Czuba was suspended by the governor-general on May 18 acting on advice from the National Executive Council (NEC) on a recommendation from the Public Services Commission.
He applied to the National Court for leave to apply for a judicial review of various decisions culminating in his suspension.
The National Court, however, refused leave on the grounds that Czuba lacked standing and that no arguable case for review had been established. Czuba appealed against the refusal on grounds that the primary judge erred in law.
“The primary judge erred in finding that it was not proper or appropriate to grant leave to enable a judicial review of decisions resulting in the suspension of a departmental head, when judicial review is readily available in such situations,” Justice Cannings said.
He said both major grounds of appeal were upheld and it was allowed.
The decision of the National Court was quashed and the decision of the National Court to refuse leave was substituted by the Supreme Court’s decision to grant leave.
Czuba welcomed the decision outside court saying this was not only for him, but for those in the future as well.
“I feel this is fair because we have a process and law in place and for this reason we must all follow the law,” he said.
Czuba was granted leave for a judicial review and the case was remitted to the National Court for further conduct of those proceedings.
The Court also ordered the State to pay Czuba’s cost of appeal.

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