|
SoE invalid
By MICHELLE YIPRUKAMAN
THE Supreme Court has declared the State of
Emergency (SoE) in Southern Highlands province invalid.
The unanimous decision of a five-judge bench delivered in Waigani
yesterday, means the Southern Highlands provincial government is
reinstated and police and PNG Defence force soldiers deployed since Aug
1, 2006 have to be withdrawn.
Supporters of Governor Hami Yawari, who packed the courtroom to hear the
decision, erupted in joy with a clap of hands in the courtroom,
embarrassing Deputy Chief Justice Sir Salamo Injia, who delivered the
decision on behalf of the five judges.
In Mendi, business houses shut down early as news of the court decision
reached town.
The businesses feared opportunists taking advantage of the situation and
attacking them.
Armed police personnel stood guard around the Agiru Centre, where the
SoE operations had been headquartered for the last seven months.
A group of men marched through the streets of the small town yelling
victory for the court decision, but quickly dispersed.
The judges panel include Chief Justice Sir Mari Kapi, Sir Salamo, and
Justices Gibbs Salika, Bernard Sakora and Sir Kubulan Los.
Reading out the summarised judgment, Sir Salamo said there were three
types of emergency situations, where a declaration of SoE could be made,
which are set out in Section 226 of the Constitution.
These are situations where there was a war or war-like operations,
natural disasters, and serious civil unrest or civil disorders leading
to the collapse of civil government or threatening public safety.
The court found that none of the situations existed for the National
Government to declare a State of Emergency in Southern Highlands.
“In the present case, the kind of illegal or criminal activities, on
which the declaration was based were ordinary criminal activities,
maladministration, corruption and general breakdown of law and order in
the province. These illegal kinds of activities does not fall within the
provision of Section 226 (c) of the Constitution as these activities
should be dealt with under ordinary criminal law using existing law
enforcement agencies such as the police, Attorney-General, etc,” he
said.
Sir Salamo said there was no evidence before the court to determine if
the situation in the province warranted the SoE declaration.
The court also declared the decision by Parliament to extend the SoE on
various occasions invalid.
 
|
