Appointment unlawful: Court

The National National

By KARO JESSE
THE National Court on March 29 ruled that the appointment of Western Highlands administrator Elvis Mark Balg is unlawful.
Justice David Cannings said the National Executive Committee (NEC)’s decision to make the appointment was ultra vires in the Constitution.
He made the ruling after upholding a judicial review application filed by Western Highlands Governor Paias Winti against the appointment of Balg.
Justice Cannings said the NEC did not follow a mandatory requirement in section 73 (2) of the organic law for it to appoint a provincial administrator from a list of three persons that was to be provided by the provincial executive council.
The court quashed Balg’s appointment and declared that the circumstances provided by s.60(4) of the Public Service (management) Act 1995 exist in respect of the office of the provincial administrator, in that the office is vacant and the person who held the office before the vacancy, Joseph Neng, was willing and eligible to continue in that office.
For the purposes of filling the vacancy, the court ordered:

  • THE Department of Personell Management shall, within 14 days after service of this (order), pursuant to s.60(4) of the Public Services (management) Act, justify the reappointment of Neng as provincial administrator and notify the Public Services Commission (PSC);
  • THE PSC shall, within seven days after receipt of the notification, recommend to the Western Highlands executive council that Neng be reappointed;
  • THE provincial executive council shall, within seven days after receipt of the recommendation advise NEC to reappoint Neng; and,
  • NEC, within 14 days after the receipt of such advice, can advise the PSC and the departmental head of Department of Personnel Management that it does not agree to the reappointment, in which case the procedures in s.60 of the Public Services (Management) Act 1995, including advertising for the vacancy, shall apply.