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Title : Supreme Courtroom Declares Unconstitutional In Addition To Invalid Removal Of World Service Committee Powers In Addition To Functions 2014
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Supreme Courtroom Declares Unconstitutional In Addition To Invalid Removal Of World Service Committee Powers In Addition To Functions 2014

The Supreme Court on 28 March 2019 declared unconstitutional too invalid forthwith Constitutional Amendment Laws passed yesteryear the National Parliament inwards 2014 removing the independent powers too functions of the Public Service Commission (PSC) relating to the appointment, intermission too revocation of twenty-four hr menses of the month of Departmental Heads, Provincial Administrators too heads of Statutory Regulatory Authorities (RSA). The Court farther declared invalid alongside immediate resultant all the subsequent or consequential Acts of Parliament too Regulations (see below) passed yesteryear Parliament nether these Constitutional Amendment Laws.

By Nemo Yalo | Facebook 29 March 2019

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The soil of the proclamation was that the National Parliament failed to comply alongside the mandatory procedures prescribed yesteryear Section fourteen of the Constitution relating to enacting Constitutional Amendment Laws.

In 2014 Dr Philip Kereme PhD., the Chairman of the PSC filed an application equally a mortal citizen challenging the Constitutional validity of the Constitutional Amendment Laws passed yesteryear the Parliament inwards 2014. The opposing parties were: Peter O’Neill (Prime Minister), Ano Pala (Minister for Justice too Attorney General), Theo Zurenuoc (Speaker). These laws are:

1. Constitutional Amendment (No. 38) (Appointment of Certain Offices) Law 2014; too 2. Organic Law on Provincial Governments too Local-level Governments (Amendment) (No 13) Law 2014.

These Constitutional Amendment Laws removed the PSC’s respective powers too functions relating to the appointment, intermission too revocation of twenty-four hr menses of the month of Departmental Heads, Provincial Administrators too the heads of Regulatory Statutory Authorities yesteryear repealing Sections 193 too 208B of the Constitution. To give resultant to these laws the Parliament repealed the Public Services Management Act 1995 too enacted the Public Service Management Act 2014 (PSMA) (relating to dept. heads & Prov. Administrators), the Regulatory Statutory (Appointment to Certain Offices) (Amendment) Act 2013 (relating to heads of Regulatory Statutory Authority). The 2014 PSMA established the Ministerial Executive Appointment Committee (MEAC) which had powers to bargain alongside the appointment, intermission too revocation of appointments of Departmental Heads too Provincial Administrators. The PSC’s independent involvement inwards these processes were removed too its powers too functions conferred on the MEAC. MEAC comprises 5 Ministers inwards which the Minister responsible for Public Service is the Chairman.

The physical care for inwards summary was that MEAC would produce upwards one's heed all matters relating to the appointment, intermission too revocation of Departmental Heads too Provincial Administrators too recommend to the National Executive Council, of which they are members. In the absence of the PSC it is a political trunk prone to brand decisions based on political interests too non necessarily on merit.

As a resultant of the Court’s determination of the Constitutional Amendment Laws it declared that the related statutes which the Parliament had enacted to farther implement these Constitutional Amendments are directly declared unconstitutional too invalid forthwith. These Statutes are:

1. Public Service Management Act 2014.

2. Regulatory Statutory (Appointment to Certain Offices) (Amendment) Act 2013.

3. Public Service (Management) (Employment of Departmental Heads) Regulations 2014.

4. Public Service (Management) (Employment of Provincial Administrators) Regulations 2014.

5. Regulatory Statutory (Appointment to Certain Offices) Regulations 2013.

The legal resultant of the Court’s determination is that the price of Section 193 too 208B of the Constitution pre-2014 remains inwards force. The PSMA 1995 too the RSA 2004 rest inwards force. There is no vacuum too no gap inwards the constabulary too hence at that topographic point should hold out no confusion.

For the avoidance of incertitude too peradventure fifty-fifty confusion, the Supreme Court declared that all or whatever actions taken nether these laws directly declared unconstitutional too invalid shall rest valid. In other words, whatever appointments, suspensions too revocations of appointments made rest valid. The Interveners were ordered to pay the Applicant’s costs of the proceeding.

Dr Kereme did challenge the Constitutional validity of the Organic Law on Provincial Governments too Local-level Governments (District Development Authority) (Amendment) Law 2014 too the District Development Authority Act 2014 inwards his proceeding but the Court excluded these at the preliminary phase on ten August 2017 on the soil that these did non relate to the PSC's powers too functions.

Finally, this is a victory for proficient governance too the well-established systems too the laws too for the People of Papua New Guinea, inwards particular, the Public Service.

I commend Dr Philip Kereme for taking the activity inwards his capacity equally a mortal citizen.

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