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Injia urges MPs to act on National Court
Act
PARLIAMENT has been called upon to pass
amendments to the National Court Act to provide mediation in the court
system of the country before the house rises for the general election.
In a rare call to the legislative and the executive arm of Government
from the judiciary, acting Chief Justice Sir Salamo Injia urged that the
law be passed to give clear legislative mandate for mediation in
conflict settlement in higher courts.
“This is the first time for the court is asking the Government to do it
– change the National Court Act by passing the bill before the
elections,” Sir Salamo said, while addressing the 2007 National Village
Courts and Land Mediation Summit in Lae yesterday.
He said in 2000, the judiciary embraced mediation as part of civil case
management and took steps to put in place a draft mediation rule.
He said in 2005, the judiciary amended the National Court rules to allow
judges to issue directions to parties to reach a negotiated settlement,
as well as through voluntary mediation but the judiciary required a
clear legislative mandate to make mediation formal, hence the call to
amend the National Court Act in this sitting of Parliament.
He said the draft was with the Justice Minister to be taken to NEC for
approval before being introduced in Parliament.
It is understood that when the amendment is enacted and implemented, the
National Court will be on par with the District Court, village court and
land courts in terms of legislative framework for mediation.
When this happens, the majority of the court cases which enter the
National Court will be disposed of through mediation and there will be a
list of mediators approved by the court from which parties can choose to
settle their disputes.
This would be ideal for disputes between customary landowner groups in
land court decision reviews, disputes between customary resources owning
groups over distribution of royalty payments from resource development
projects like mining, forestry and fisheries, and family disputes over
custody of children, or a divorce case.
Sir Salamo said enacting and implementing this law would reduce the
backlog of review cases now at the higher courts by 40% to 50%.
 
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