Lembo v Baiyer River Local Government Council [2001] PGDC 13; DC217 (2 February 2001)

DC217

PAPUA NEW GUINEA
[IN THE DISTRICT COURT OF JUSTICE]

CASE NO 242 OF 1999

BETWEEN

Koi Lembo On His Own Behalf And As Representative Of District, Western 13 Members Of The Village Court Magistrates In The Baiyer River Highlands Province
Complainants

V

Baiyer River Local Government Council
Defendant

Mt. Hagen:Appa, P.M.
2000: 23rd November,
2001: 22nd December, 2nd February

Counsel:
Mr. Maki For The Complainants
Mr. Zimike For The Defendant

Judgment

The complainants are village court Officials in the Baiyer District who were properly appointed and gazetted and were performing their respective duties since 1998 but the defendant did not pay them their monthly allowances of K60.00 per month. It was also alleged that the defendant council failed to recognized them and instead other people were allowed to perform the village court functions.

The complainants have instituted this proceeding claiming their unpaid allowances back dating to their respective dates of appointments. The village court secretary had written on several occasions urging the defendant to recognize the appointments and to pay them their monthly allowances but that went unheeded. The Provincial Supervising Magistrate Mr. M. Bayam had also written to the same effect but was not responded to.

While the case was in progress the defendant council had changed its position and had agreed to pay the allowances due so judgment was entered by consent. Mr. Maki filed submission on assessment. Liability is no longer in issue.

The original complainants in this proceeding were:

1. Daiya Yaoga
2. Koi Lembo
3. Lasi Pambowa
4. Pakani Wari
5. Ikuwa Palangi
6. Pyale Mamando
7. Rumints Mel
8. Paraka PiL
9. Paraka Kupal
10. Mek Pawa
11. Paraka Isapa
12. Alan Pupu
13. Jaman waiwa

However, after the admission of liability, it appeared the defendant council had included 24 other village court officials to be added for payments. That list is annexed to Mr. Maki’s submission. I found that eight (8) of the original complainants were omitted from Mr. Maki’s list. In my view that was wrong since those 13 were the original complainants. If the defendant counsel is willing to include others for payment its all fine since they were checked to have been properly appointed and gazette.

It was noted that the defendant counsel through councilor Paraka Mendaki and counsel Mr. Maki submitted that out of the 13 original complainants, two officials were to be removed due to certain irregularities. They were Lasi Waromba and Mek Pama so the same are removed.

The names appeared on the list provided by Mr. Maki showed that five of them had their payment backdated to 1992 - 1993 but if their claim were included in the original complaint it would have been time barred, its over six years. They are brought forward to 1998 to be in uniformity with those of others.

According to Mr. Maki’s submission on assessment, the claims were backdated to 1998 to December 2000, ranging from 21 to 29 months of unpaid entitlements after the adjustment made above and each official claims between K50.00 to K60.00 per month. The total amount due is between K1,200.00 to K2,000.00. There are a total of 37 village court officials appeared on the list. Those were apparently identified by the defendant counsel as being officially appointed but were not paid for their work.

I enter judgment by consent for the complainant namely-

1. Koi Lembo
2. Pakari Wari
3. Ikua Palangi
4. Ankua Yukua
5. Piale Mamando
6. Rumints Mel
7. Paraka Pil
8. Paraka Kopal
9. Paraka Isapa
10. Alan Pupu
11. Jaman Waiwa

Their K60.00 monthly allowances be paid and backdated to 1998 to December 2000 which is at k1,740.00 each. The other 32 officials (except for Pyapowa Lasi) identified by the defendant included for payment.

As per Mr. Maki’s list are also included for payment as assesed and the same is adapted by the court. I realized that under the new structure the Provincial Government (WHPG) Administration is responsible to pay Village Court Officials. However, the Western Highlands Provincial Government was not included as a party.

It is recommended that the Defendant’s council through the President liase with the Western Highlands Provincial Government administration to pay the allowances due to the complainants. Cost followed the event so complainants are entitled to be taxed cost of the proceeding.

Simon Norum Lawyers: Complainant
Paulus M. Dowa Lawyers: Defendant