Konivaro, Clerk of Parliament, In re [2016] PGCORT 1; N8370(LT) (19 September 2016)

N8370(LT)

PAPUA NEW GUINEA
IN THE CONSTITUTIONAL OFFICE
HOLDERS RIGHTS TRIBUNAL

LT 1 of 2015

REFERENCE BY THE NATIONAL EXECUTIVE COUNCIL

OF A MATTER PURSUANT TO SECTION 5 ORGANIC LAW ON THE GUARANTEE OF THE RIGHTS AND INDEPENDENCE OF CONSTITUTIONAL OFFICE HOLDERS

TO THE TRIBUNAL

APPOINTED UNDER SECTION 4 AND 5 OF THAT LAW

AND
IN THE MATTER OF VELA KONIVARO,
CLERK OF THE NATIONAL PARLIAMENT

THE HONOURABLE JUSTICE DEREK HARTSHORN, ML, CHAIRMAN,
THE HONOURABLE JUSTICE MARTIN IPANG, MEMBER,
THE HONOURABLE JUSTICE SIR KINA BONA, KBE, MEMBER

Waigani:

2015: 3^rd, 30^th March; 1^st April; 4^th, 28^th May; 13^th, 14^th, 15^th, 20^th July; 11^th, 12^th, 13^th, 19^th August; 7^th, 8^th, 9^th September; 10^th November.

2016: 27^th, 28^th June, 19^th September

CONSTITUTIONAL OFFICE-HOLDERS RIGHTS TRIBUNAL – Organic Law on the Guarantee of Rights and Independence of Constitutional Office-Holders - Jurisdiction –Misbehaviour in office – Appointing Authority – National Executive Council – Removal from Office separate charges – Investigations by Appointing Authority

PRACTICE AND PROCEDURE – Constitutional Office-holders Rights Tribunal separate from Leadership Tribunal – Charges laid by Appointing Authority – Appointing Authority refer to Chief Justice to appoint Tribunal – Charges relate to removal from office – No Admissions

Cases Cited

Re Public Prosecutor’s Power to Request the Chief Justice to Appoint a Leadership Tribunal (2008) SC1011

Counsel:

Mr. S. Soi, for Mr. Konivaro
Mr. P. Kaluwin, for the Appointing Authority

19^th September, 2016

1. BY THE TRIBUNAL: This is a decision on whether Mr. Vela Konivaro, the Clerk of the National Parliament, has been found guilty of the four charges brought against him for misbehaviour pursuant to s. 7 (b) Organic Law on the Guarantee of the Rights and Independence of Constitutional Office Holders (Organic Law).

Background

2. Mr. Konivaro was appointed as the Clerk of Parliament in May 2013 by the National Executive Council. On 7^th August, 2014 he was suspended from office by the Appointing Authority, the National Executive Council (Appointing Authority). The suspension was published in the National Gazette No. G355 on 13^th August, 2014.