Gulf Provincial Government (In Suspension) v Minister for Village Services and Provincial Affairs [1994] PGNC 3; N1216 (24 February 1994)

Unreported National Court Decisions

N1216

PAPUA NEW GUINEA

[NATIONAL COURT OF JUSTICE]
GULF PROVINCIAL GOVERNMENT (in suspension)
V
MINISTER FOR VILLAGE SERVICES AND PROVINCIAL AFFAIRS
AND
THE STATE

Waigani

Salika J
24 February 1994

JUDGMENT

CONSTITUTIONAL LAW - Provincial Government - Provisional Suspension - Permanent Parliamentary Committee on Provincial Government suspension - Not carried out its Constitutional duty.

ORDERS UNDER S. 155 (4) OF CONSTITUTION - Writ of mandamus issued - self executing orders.

Counsel

S Soi for Plaintiff

P Ame for the Defendants

24 February 1994

SALIKA J: On the 11 Feb 1994 I orderordered the Chairman of the Permanent Parliamentary Committee on suspension of Provincial Government to show cause why there has been delay to effect the s. 91C process of the OrgLaw on Provincial Governmenrnment.

On the 22nd of February the Deputy Chairman of the committee Sir Thomas Koraea filed an affidavit giving reasons. He easoned that because thse the committee was only given K27,000.00 in 1993 that allocation had been exhausted by the Committee to investigate other provincial governments which were suspended. He says the financial allocation to the Committee this year has been increased and that then Committee intends to go to the Gulf Province in April of this yeararry out its work.

While I accept that the Committee did not have the money last yeat year to carry out its duty I cannot understand why the committee did not do anything in January and the 3 weeks in February (7 weeks) of this year to carry out its constitutional duty to the people of the Gulf Province. They nve the money to do t do their job in 1994. Had they started thestigattigation in January of thar their report mightmight have been ready to be tabled in the current sittings of Parnt.For some reasonsasons known only to themselves the Committee says they will go in April ofil of 1994. In the meantime the duly elected representatives of the Gulf Government remain suspended and wait for April to come. This isceptable to me and and I ae it is unacceptable and unfair to the suspended members of the Gulf Provincial Government.ment.

The Permanent Parliamentary Ctee must understand that the members of the Gulf Assembly wbly were elected by the people to represent them at the Provincial Parliament just like themselves who were elected by the people to represent them in the National Parliament.

It is irresponsible to have to keep the suspended members in suspense.

The National Parliament is sitting now. It started its sittings2 F 22 February 1994. Parliamenmally sits about bout 3 weeks. ality they have another 2 er 2 weeks to sit. Havonsidered the trame wite within which to do an investigation and report I do not think it i it is unreasonable to require it to have its r tabl the current sitt sittings. I aingly order the Permanermanent Parliamentary Committeeittee on suspension of Provincial Governments and its members namely Anton Pakena, Sir Thomas Koraea and other members of the committee to carry out its s.91C of the Organic Law on Provincial Government duties forthwith and present its report to the Speaker of the National parliament for tabling to Parliament at the current sitting of Parliament . This is becI think they haey have sat on the matter for unnecessarily long. 160; Failing that will render the reinstatement of the Gulf Provincial Government automatically. If this happhen tlf Provincial Govl Government will be re-established by way of reinstatement and that they they receive full benefits and entitlements whepropriate backdated to the time of provisional suspension.

In relation to the other ther orders, I do not need to go that far. I agree with Mr Ame that uhe substance of the Originating Summons has been determined.

This latest orders are to get the Permanent Parliamentary Committee to do its work quickly.

Lawyer for the Plaintiff: Kil & Soi Lawyers

Lawyer for the Defendants: Solicitor General