By CLIFFORD FAIPARIK
THE National Court’s decision to reinstate evicted tenants to National Housing Corporation’s (NHC) housing units will cause the State to lose millions of kina annually, NHC managing director Paul Asukusa said last Friday.
“We do not accept the court’s decision as it will set a dangerous precedent affecting State properties throughout the country,” he said.
This was the stand Mr Asukusa declared in reaction to the court’s ruling last Wednesday in favour of widow Bele Heni and her family.
Mrs Heni and her family were ordered by the NHC three weeks ago to vacate the house at Boroko East in Port Moresby over unpaid rental fees.
“Our lawyers have filed a Supreme Court appeal to reverse the ruling.
“We, as the mandated landlord of the State properties, have a very substantive argument to defend the case in an effort to protect the interest and properties of the State.
“The property was categorised as a Government sell-off scheme instituted in 1980s through a ministerial decision allowing sitting tenants to purchase outright at very deflated value, especially at prime locations like Boroko.
“Since then, another ministerial decision by former Housing minister Mao Zeming nullified the earlier decision.”
Meanwhile, NHC lawyers will be filing a Supreme Court suit contesting the ruling by Chief Magistrate John Numapo.
Mr Numapo had said that he would issue orders to his officers throughout the country not to hear cases involving NHC.
The orders were made after NHC had evicted a magisterial court clerk from an NHC’s property in Lae.
The clerk had moved back in to the house after a national court order.
“The directive is unconstitutional and denied the right to be head because it purely and administrative matte that only court can make such orders,” Mr Asukusa said.
However Mr Numapo denied issuing regarding the suspension of all NHC cases. “No one should be denied access to justice. It will be business as usual for the District Court.”
Mr Numapo also said that he had already raised the issue with the Prime Minister Sir Michael Somare about the manner NHC is carrying out its eviction exercise.
“Sir Michael had assured me that he will speak to the Minister for Housing and the Managing Director of NHC about this housing situation.”
favour of widow Bele Heni and her family.
Mrs Heni and her family were ordered by the NHC three weeks ago to vacate the house at Boroko east in Port Moresby over unpaid rental fees.
“Our lawyers have filed a Supreme Court appeal to reverse the ruling.
“We, as the mandated landlord of the State properties, have a very substantive argument to defend the case in an effort to protect the interest and properties of the State.
“The property was categorised as a Government sell-off scheme instituted in 1980s through a ministerial decision allowing sitting tenants to purchase outright at very deflated value, especially at prime locations like Boroko.
Since then, another ministerial decision by former Housing minister Mao Zeming nullified the earlier decision.”
Meanwhile, NHC lawyers will be filing a Supreme Court contesting the ruling by Chief Magistrate John Numapo.
Mr Numapo had said that he would issue orders to his officers throughout the country not to hear cases involving NHC.
The orders were made after NHC had evicted a magisterial court clerk from an NHC’s property in Lae.
The clerk had moved back in to the house after a national court order.
“The directive is unconstitutional and denied the right to be head because it purely and administrative matte that only court can make such orders,” Mr Asukusa said.
However Mr Numapo denied issuing regarding the suspension of all NHC cases. “No one should be denied access to justice. It will be business as usual for the District Court.
Mr Numapo also said that he had already raised the issue with the Prime Minister Sir Michael Somare about the manner NHC is carrying out its eviction exercise.
“Sir Michael had assured me that he will speak to the Minister for Housing and the Managing Director of NHC about this housing situation.”