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 February 1994 I ordered 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 Organic Law on Provincial Government.
On the 22nd of February the Deputy Chairman of the committee Sir Thomas Koraea filed an affidavit giving reasons.  He has reasoned that because 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 year to carry out its work.
While I accept that the Committee did not have the money last 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 now have the money to do their job in 1994.  Had they started the investigation in January  of this year their report might have been ready to be tabled in the current sittings of Parliament.
For some reasons known only to themselves the Committee says they will go in April of 1994.  In the meantime the duly elected representatives of the Gulf Government remain suspended and wait for April to come.  This is unacceptable to me and I am sure it is unacceptable and unfair to the suspended members of the Gulf Provincial Government.
The Permanent Parliamentary Committee must understand that the members of the Gulf Assembly 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 sittings on 22 February 1994.  Parliament normally sits about 3 weeks.  In reality they have another 2 weeks to sit.  Having considered the time frame within which to do an investigation and report I do not think it is unreasonable to require it to have its report tabled in the current sittings.  I accordingly order the Permanent Parliamentary Committee 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 because I think they have sat on the matter for  unnecessarily long time.  Failing that will render the reinstatement of the Gulf Provincial Government automatically.  If this happens then the Gulf Provincial Government will be re-established by way of reinstatement and that they receive full benefits and entitlements where appropriate backdated to the time of provisional suspension.
In relation to the other orders, I do not need to go that far.  I agree with Mr Ame that the 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