Appointment lawful: Judge

A JUDGE has ruled that the appointment of the Auditor-General Gordon Kega is lawful, dismissing a judicial review application by the Public Service Commission (PSC).
Justice Nicholas Miviri in the National Court rejected the judicial review application by PSC chairman Apeo Fuata Sione.
“It is plain that the law has been complied with in the appointment of the auditor-general,” he said.
“Section 193 of the constitution no longer empowers the PSC in the way that he has argued here.
“There is no breach of procedure by law.”
Sione had challenged the National Executive Council (NEC) decision on Feb 24, to appoint Kega as the auditor- general. Justice Miviri said the appeal relied on Section 193 and 208 (b) of the Constitution which put him in a position to be involved in appointing department heads, provincial administrators and chief executive officers of regulatory stator authorities.
The position of the auditor-general was advertised by the Personnel Management Department in a national gazette on Aug 7, 2019, when Kega was acting auditor-general.
The five candidates were Kega, Thomas Holland, Lemeki Ila, Joseph Felix Wak and Anton Semeko.
But the PSC listed only three – Holland, Ila and Wak.
After the NEC appointed Kega, the PSC said he was 60-years-old making him ineligible for the appointment.
Justice Miviri said Sione had no standing to bring the case to the court.
“There is no room for leave for juridical review in favour of the plaintiff,” the judge said.