By JULIA DAIA BORE
PAPUA New Guinea Law Society president Kerenga Kua has described the cabinet decision to suspend the Chief Justice Sir Salamo Injia as outrageous, The National reports.
He said yesterday it could only be deduced to be “a way to sabotage, disrupt and derail the delivery of the final judgment of the full bench of the Supreme Court in the Supreme Court reference No.3 of 2011, scheduled to be delivered on Dec 9 and to rule by default into the next election.”
Kua said the National Executive Council did not have the powers to suspend the chief justice.
“That power belongs to the head of state, acting on the advice of the NEC under section 182(3) of the Constitution.
“The NEC decision is merely an advice to the head of state. There is no suggestion as yet that the head of state has accepted the advice to suspend the chief justice.
“In that regard, I urge the head of state in the strongest possible term to tread on this matter with great caution and take a full independent external legal advice before making a decision.
“A rash acceptance of the NEC recommendation will create an unprecedented constitutional crisis and reduce Papua New Guinea to an outcast and pariah in the international community.”
Kua also called upon the Judicial and Legal Services Commission to intervene by the operation of law that grants a judge (in this case the chief justice) the right to continue to complete uncompleted matters (before him) before his suspension or even during his suspension – were he indeed under suspension.
“The announcement of a cabinet decision to suspend the chief justice is the single most outrageous cabinet decision and is beyond all belief.
“The judiciary has been the only one of the three arms of government that has upheld democracy in this country. We destroy its integrity now and the whole of democracy will be threatened.
“It is now far bigger than any constitutional crisis this country has had before,” he said.
“Whatever manner the members of the cabinet may dress it and spin it, the motives and objectives are very clear. It is to sabotage, disrupt and derail the delivery of the final judgment of the full bench of the Supreme Court in Supreme Court reference No.3 of 2011, scheduled to be delivered on Dec 9, and to rule by default into the next election.
“The timing of the suspension destroys any suggestion that this is genuine. This action will now go down in history as the single most direct assault on the judiciary to date.
“If the cabinet has now chosen to go down this path then who else is out there with the requisite authority to insist governance according to the rule of law?
“This decision has to be seen in the context of the parliamentary actions on Aug 2, and Sept 6, which led to the Supreme Court reference.”
PAPUA New Guinea Law Society president Kerenga Kua has described the cabinet decision to suspend the Chief Justice Sir Salamo Injia as outrageous, The National reports.
He said yesterday it could only be deduced to be “a way to sabotage, disrupt and derail the delivery of the final judgment of the full bench of the Supreme Court in the Supreme Court reference No.3 of 2011, scheduled to be delivered on Dec 9 and to rule by default into the next election.”
Kua said the National Executive Council did not have the powers to suspend the chief justice.
“That power belongs to the head of state, acting on the advice of the NEC under section 182(3) of the Constitution.
“The NEC decision is merely an advice to the head of state. There is no suggestion as yet that the head of state has accepted the advice to suspend the chief justice.
“In that regard, I urge the head of state in the strongest possible term to tread on this matter with great caution and take a full independent external legal advice before making a decision.
“A rash acceptance of the NEC recommendation will create an unprecedented constitutional crisis and reduce Papua New Guinea to an outcast and pariah in the international community.”
Kua also called upon the Judicial and Legal Services Commission to intervene by the operation of law that grants a judge (in this case the chief justice) the right to continue to complete uncompleted matters (before him) before his suspension or even during his suspension – were he indeed under suspension.
“The announcement of a cabinet decision to suspend the chief justice is the single most outrageous cabinet decision and is beyond all belief.
“The judiciary has been the only one of the three arms of government that has upheld democracy in this country. We destroy its integrity now and the whole of democracy will be threatened.
“It is now far bigger than any constitutional crisis this country has had before,” he said.
“Whatever manner the members of the cabinet may dress it and spin it, the motives and objectives are very clear. It is to sabotage, disrupt and derail the delivery of the final judgment of the full bench of the Supreme Court in Supreme Court reference No.3 of 2011, scheduled to be delivered on Dec 9, and to rule by default into the next election.
“The timing of the suspension destroys any suggestion that this is genuine. This action will now go down in history as the single most direct assault on the judiciary to date.
“If the cabinet has now chosen to go down this path then who else is out there with the requisite authority to insist governance according to the rule of law?
“This decision has to be seen in the context of the parliamentary actions on Aug 2, and Sept 6, which led to the Supreme Court reference.”
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