Suspended NAC MD Rex Kiponge withdraws bid to stop Act

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Rex Kiponge

Suspended NAC MD Rex Kiponge withdraws bid to stop Act

PORT MORESBY: Suspended National Airports Corporation (NAC) managing-director Rex Kiponge has withdrawn his application to stop the amended Civil Aviation Act (2022) from being implemented.

Kipong’s lawyer Dan Kakaraya told the National Court in Waigani yesterday (Dec 14, 2022) that Kiponge had advised him to withdraw the application, citing a change in circumstances.

Deputy Chief Justice Ambeng Kandakasi then granted leave to withdraw the proceedings with costs.

The court proceedings were reported by The National:

Kiponge withdraws application

December 15, 2022The NationalNational

By BEVERLY PETER
SUSPENDED National Airports Corporation (NAC) managing director Rex Kiponge has withdrawn his application to stop the amended Civil Aviation Act (2022) from being implemented.
Kiponge’s lawyer Dan Kakaraya told the National Court in Waigani yesterday that his client had advised him to withdraw the application citing a change of circumstances.
Deputy Chief Justice Ambeng Kandakasi then granted leave to withdraw the proceeding with costs.
Kiponge’s application sought an interim injunction order to stop the Civil Aviation Amendment Act of 2022 which was passed by the Parliament on Dec 2, and was first heard by Kandakasi on Dec 8.
He was seeking to stop the execution of the amended act which had given appointment and oversight powers to the Civil Aviation Minister on NAC positions including the managing director and the board.
The previous act provided for the board to appoint the managing director. Kandakasi on the first mention refused to grant the interim injunction order saying that he was not persuaded to make any decision just because he had the power to do so. He said the application did not address whether Kiponge had a standing to seek the relief and did not provide a legal foundation for the court to base its decision on.
Kandakasi added that the court could not intervene in an act passed by the Parliament except for legalities and illegalities. He said it was Parliament that created the state-owned enterprises and they could make changes as they saw fit.
“If they want one person to take charge or 10 people to be involved, they decide and that’s their matter, not necessarily for this court to step in and dictate,” he added.
Kandakasi said he needed to have the statutory and legal foundation to make a decision.
“If the aim is to declare the amended act as null and void, then that needs to be clearly pleaded with the foundation for seeking such an order in the appropriate way,” he said.
He then asked Kakaraya to refile the application addressing the issue of standing legal basis and to point out the conflict and to return when ready.
Pending that, Kiponge was suspended from his position and consequently withdrew the application.

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