PNG Govt says Fr Czuba’s appointment as secretary unlawful

News that matter in Papua New Guinea

Fr Jan Czuba

PNG Govt says Fr Czuba’s appointment as secretary unlawful

PORT MORESBY: The Papua New Guinea Government says suspended Higher Education, Researech, Science and Technology Department Secrtary Fr Jan Czuba’s employment as a public servant is unlawful.

State lawyer Kevin Kiponge said this in the National Court in Waigani on Friday (Aug 19, 2022) when moving a notice of motion before Justice Oagile Bethuel Key Dingake to dismiss Czuba’s application to review his revocation.

The court proceedings were reported by The National:

Czuba’s employment questioned

August 22, 2022The NationalMain Stories

By BEVERLY PETER
STATE says suspended Higher Education Research, Science and Technology (DHERST) secretary Fr Jan Czuba’s employment as a public servant is unlawful.
State lawyer Kevin Kiponge said this at Waigani National Court on Friday when moving a notice of motion before Justice Oagile Bethuel Key Dingake to dismiss Fr Jan’s application to review his revocation.
“Fr Jan does not have a work permit as a diplomat to work as a public servant in PNG other than religious purpose,” Kiponge said.
He said Fr Jan came into this country to do religious work and should not be employed as a public servant.
“Fr Jan’s employment as DHESRT secretary is in breach of the Vienna Convention Law on Diplomatic and Consular Relations and therefore, his revocation by the National Executive Council (NEC) was lawful.
“Since his employment as DHESRT secretary was unlawful, Fr Jan does not have standing to make the application to review NEC’s decision,” Kiponge said.
NEC decided on March 21 to revoke Fr Jan’s position and directed the Personnel Management Department to advertise the DHESRT secretary’s position and proceed with the recruitment process while Fr Jan was appealing his suspension.
Fr Jan was suspended due to some criminal allegations against him regarding online school leavers’ application and selection project but was cleared by the National Court on Jan 19.
Kiponge said NEC’s decision was made according to the chief immigration officer’s (CMO) advice on the status of Fr Jan’s visa.
“CMO in his affidavit said Fr Jan’s visa was given on the basis of his religious purpose here in the country and not as a diplomat to work at public office,” he said.
Kiponge said the State Solicitor had also advised NEC that Fr Jan’s employment was in breach of the law and should be removed.
“The NEC has made the decision upon the advice of the relevant heads of department,” he added.
Fr Jan’s lawyer Edward Sasingian said State’s notice of motion was an abuse of process as the points raised were the points to be discussed in the substantive matter and not in a motion to dismiss the application on competency issue.
“Fr Jan is a permanent resident of this country and upon receiving his residency, he was cleared by the immigration and the state solicitor to take up any job in the country.
“Upon relative authorities’ clearance, Fr Jan signed the employment contract on April 16, 2019 which is the undisputed fact,” Sasingian said.
He said Fr Jan does have standing to make the application in this proceeding because he was employed in the position for three years, was performing and NEC’s decision did affect him.
“The Vienna Convention Law on Diplomatic and Consular Relations as mentioned by Kiponge applies to non-citizens and is not applicable in this case.
Judge Dingake then said whether Fr Jan’s employment was in breach of certain laws or not, he was employed, served, his service was benefited and he was paid also.
“Does that mean he would have interest in the matter when he was dismissed or not? Dingake asked.
He then reserved the ruling to a later date and ordered the parties to file extraction of submission not more than 10 pages within 20 days and inform the court.

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