AG joins case questioning commission’s powers

ATTORNEY-General (AG) Dr Eric Kwa has been allowed to intervene in a case seeking opinion of law on the validity of section three of the Public Service (Management) Act 2020.
The special reference is filed by Public Solicitor Leslie Mamu pursuant to section 19 of the Constitution.
Supreme Court judge Derek Hartshorn on Friday granted Dr Kwa’s application to intervene filed by Solicitor-General Tauvasa Tanuvasa.
Tanuvasa told the court that the AG as the legal adviser to the National Executive Council represented that state in any legal matter, thus the State had direct and substantial interest in the reference which questioned the validity, legality and constitutionality of section three of the Public Service (Management) Act 2020. The reference stemmed from a decision of Public Service Commission (PSC) which upheld an appeal by deputy auditor-general, corporate services, Albert Salepa Monave.
Monave was terminated on disciplinary grounds on Aug 29, 2013 after he was charged with a series of disciplinary offences involving insubordination in carrying out an audit to a district services improvement programme funds without the approval of the auditor-general.
He appealed to the PSC to review his termination, PSC upheld his appeal and ordered his reinstatement with backdated payment of salaries and entitlements to the date of his termination. The reference is asking the court to give an opinion on whether PSC had the jurisdiction to review any decision of the auditor general and interpretation and application of S.3 of the Public Service (Management) Act 2020 therein, PSC decision to reinstate Monave.