Supreme Court sets aside stay order on Kombuk’s suspension

News that matter in Papua New Guinea

Supreme Court sets aside stay order on Kombuk’s suspension

PORT MORESBY: The Supreme Court says the National Executive Council (NEC) has separate powers and it cannot interfere with those powers.

Justice George Manuhu made the remarks in Waigaini yesterday (Aug 23, 2022) on behalf of a three-

Man bench when setting aside a National Court order which stopped a NEC decision suspending Daniel Kombuk as Agriculture and Livestock Department secretary.

The National reported the court proceedings:

Court sets aside stay order on Kombuk’s suspension

August 24, 2022The NationalNational

THE Supreme Court says that the National Executive Council (NEC) has separate powers and it cannot interfere with those powers.
Justice George Manuhu made the remarks at Waigani yesterday on behalf of a three-man bench when setting aside a National Court order which stopped an NEC decision suspending Daniel Kombuk as secretary for the Department of Agriculture and Livestock.
“The Constitution mandates that the three arms of the Government – judiciary, legislative and executive – work independently without interfering each other,” he said.
The bench comprising Justices Manuhu, Iova Geita and Paulus Mapa Dowa yesterday heard the State’s appeal through lawyer Kevin Kipongi of the Solicitor-General’s office.
The appeal is against an interlocutory judgment made last September.
The NEC suspended Kombuk on July 21, 2021, pending an investigation into allegations of misappropriation and abuse of office against him.
Kombuk filed a proceeding to challenge the NEC decision and leave was granted on Aug 13 last year.
On Sept 3, the National Court stayed the NEC decision with effect which Kombuk claimed meant he had been restored as secretary pending the final determination of his judicial review. Kipongi representing the State, then Agriculture and Livestock Minister John Simon and Public Service Commission Minister Joe Sungi, were aggrieved by the granting of the stay as they said Kombuk had not satisfied the requirements for an interim stay to be granted.
They added that the NEC decision had not prejudiced Kombuk as he was still on full pay and an acting appointment had been made.
Kombuk’s lawyer Jacob Lains said the primary judge Acting Judge Gertrude Tamade had not erred in fact or law in the exercise of her discretion to grant a stay order and asked for the application to be dismissed.
Justice Manuhu said the court had noted the separation of powers in which the Constitution had mandated and the National Court had erred by granting a stay of the NEC decision and set aside that stay order.

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