Attorney-General to file response over Supreme Court challenges

ATTORNEY-General Dr Eric Kwa has been allowed by the Supreme Court to file his statements of response concerning the Supreme Court references that question the validity of the Organic Law on Independent Commission Against Corruption (Olicac) Act, the State by and against Claims Act.
The case questioning the validity of Olicac is filed by the Ombudsman Commission (OC) and the reference concerning the State by and against Act is filed by State Solicitor Leslie Mamu.
Solicitor-General Tauvasa Tanuvasa represents Dr Kwa as first intervener in both Supreme Court references.
For both matters, Justice Derek Hartshorn yesterday granted leave to Tanuvasa to file statements of response concerning the issues raised in the Supreme Court references.
Justice Hartshorn has given 21 days to Tanuvasa to file the statement of response to the references and adjourned both Supreme Court references to Oct 22 for further mention.
The statements of response give the intervener’s position as to its reasons on the question of law raised in the Supreme Court references.
Special reference by OC questions certain laws of Olicac claiming it infringes certain provisions of the constitution and their functions.
Thus, the Supreme Court reference by Mamu raises questions on the interpretation and application of human rights provisions and the claims by and against State Act.
The Act is a law that allows people and companies to seek damages against the State in court proceedings. The reference raises constitutional questions relating to the interpretation and application of Section 57 of the Constitution, the human rights regime in PNG and in relation to Section 37 (3) interpretation of phrase, what is reasonable time in respect of when a trial commences decision.