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Parties to NCDC Act get
directions
THE Supreme Court yesterday issued directions to parties in relation to
the Supreme Court special reference filed by the Ombudsman Commission
challenging the constitutionality of the National Parliament’s
amendments to the National Capital District Commission Act 2001.
The Ombudsman Commission filed the reference on Feb 21.
The counsel to the Ombudsman Commission sought directions from the
Supreme Court to have all other parties who have or may have interest in
the proceedings to appear at the next directions hearing and inform the
court whether they will apply to intervene in the proceedings.
So far, the National Parliament and NCD Governor Wari Vele have applied
for leave to intervene in the special reference.
The court granted the directions sought and adjourned the matter to next
Thursday at 9.30am at Waigani.
The Parliament, in its last November session, made amendments to the
principal act by the NCD (Amendment) Act 2006. The amendments act came
into force on last Dec 4.
Prior to the amendment, the National Capital District Commission Act
2001 provided at Section 18 that the governance of the NCD was conducted
by a board whose membership was partly elected and partly appointed
nominees.
The commission determined policies and administrated finances, while the
manager and staff administered those polices.
No member of the commission or board had any individual authority or
power of direction.
All authority was by resolution of the Board of the Commission. Section
18 of the Principal Act remains in full force and effect.
However, the amendments now confer power of direction, management and
control of NCDC on the chairman of the NCDC Board.
In addition, the chairman now has powers to appoint half the members of
the NCDC board.
With Section 18 of the Principal Act still in full force and effect
there is confusion as to who exercises the power of direction,
management and control of the NCDC.
This is among others, one of the major defects in the Amendment Act.
On Jan 12, the Ombudsman Commission wrote to the Prime Minister and the
Minister for Inter-Government Relations recommending that they should
take steps to bring the issues to Parliament and fix the serious defects
in the last sitting of the Parliament.
They failed to do so.
 
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