AG: State must abide by court orders, processes

JUSTICE Minister and Attorney-General Davis Steven says the State is required to comply with court orders and processes to ensure the dispensation of justice.
He will look into court orders which require the State to pay people money but he has not done so yet.
“We (State) need to respect the dispensation of justice that the courts have created and give to our people. It’s about our people’s expectation from a fair and equitable tribunal and the court have served to our people.”
Steven was responding to a statement by the principal of Narokobi Lawyers, Camillus Narokobi, regarding a National Court judgment dated April 28, 2017, in favour of former National Capital District Governor Phillip Taku.
It ordered the State to pay him K9.8 million in damages.
Narokobi claimed a certificate of judgment had been given to Solicitor-General Faith Barton to sign but he allegedly refused.
Steven said he had requested the Solicitor-General to brief him on the matter before he could decide on the next step to take.
He said there were other cases waiting for the judgments to be honoured by the Finance department.
“I cannot criticise the Solicitor-General because the office has served our eight million people through the government over the years with very little support. (But) at the same time we cannot deny our people’s right. Therefore, I have asked for a thorough report of all matters (judgments) that are pending settlements by Finance,” he said.
“It would give me an opportunity to review how things are done and to try to improve our systems, to support the work of the Solicitor-General.”
He said the report would help find funding for the payment of judgment debts and review the manner in which payment of judgment debts were made by the Finance department.
“I am aware of the importance to comply with court orders. I am also aware that under the Attorney-General’s Act, the solicitor-general has the powers to authorise or endorse claims that come from court orders (judgment debts) that would be paid by the Finance Department,” he said.
“It’s an administrative process between the solicitor-general and the Finance Department that happens when the solicitor-general endorses the certificate of judgment.”
He said the Solicitor-General would exercise her discretion to see if the judgment should be settled or if other steps could be taken.
“That’s her discretion and it doesn’t come as a matter of force,” Steven said.