Decision by NEC is contemptuous

Letters, Normal
Source:

The National, Tuesday 15th November 2011

THE Westminster system of government operates on three arms – the le­gislature, the executive and the judi­­ciary.
The legislature is the parliament, executive is the NEC and public ser­vice, and the judiciary is the courts.
The arms operate on the separation of powers meaning each operates and functions independently and separately of each other.
The PNG Constitution clearly spells out the different roles and responsibilities of each arm of go­vernment.
Thus, the NEC’s decision to suspend Chief Justice Sir Salamo Injia was a clear breach of our Constitution and it also broke all rules, customs and conventions of the Westminster system. 
Firstly, the decision is clearly contemptuous of the Supreme Court, hence the judiciary, because the decision is devised to cause disturbance and interference to the work of the judiciary.
This is especially so when the Supreme Court is deliberating on the East Sepik provincial government special reference on the events of parliament on Aug 2.
The NEC decision is not only contemptuous but also amounted to a serious conflict of interest as the NEC members, including Belden Namah, are respondents to the ESPG reference.
Secondly, the NEC is the highest institution that makes executive decisions of the state.
This means it wields a lot of po­wers.
However, it is expected to exercise the powers within the law and the Constitution and to respect the norms, practices, customs and conventions of the Westminster.
The decision to suspend the chief
justice is deemed to be an abuse of
po­wer.
It caused a conflict of interest simply because of the ESPG reference
is before the Supreme Court and the chief justice is a member of the panel.
Thirdly, Namah stated that there was credible evidence before the NEC that led to the decision to suspend the chief justice.
The NEC may have the power to make such decisions but the public perceive this as a cover-up to justify its decision.
The suspension amounts to a witch-hunt, pre-emptive and possesses a serious conflict of interest for the NEC.
Finally, let me remind the government, MPs and Papua New Guineans that the judiciary remains the last hope.
The judges and courts must not be tampered with.
The judges are great people with passion, humour, integrity and, above all, high intelligence.
Please exercise the power with due care and prudence!

Nationalist
Port Moresby