By KARO JESSE
ATTORNEY-GENERAL Dr Eric Kwa has been allowed to intervene in a special reference filed by the Ombudsman Commission (OC) questioning the constitutionality and validity of the Organic Law on the Independent Commission Against Corruption (Olicac).
Dr Kwa’s application to intervene, filed through solicitor-general Tauvasa Tanuvasa, went uncontested by the OC which Justice Collin Makail granted as the first intervener yesterday.
Parliament Speaker Job Pomat, Opposition Leader Belden Namah and public prosecutor Pondros Kaluwin have shown interests to intervene in the special reference.
Justice Makail adjourned the case to Aug 2 for further directions and for the interested parties to present their formal applications to intervene before the court.
The reference raised queries on:
- PURPOSE of the Independent Commission of Corruption, as the OC questions whether the intent of the establishment of Olicac is to complement the functions of the existing law enforcement agencies that included the law enforcement and agencies;
- QUALIFIED rights;
- DUPLICITY of functions, whether sections 5, 8 and 9 of the Olicac in so far as it purports to provide the functions for the Olicac to conduct investigations and make referrals to matters outside of the Criminal Code Act.
- INDEPENDENCE of constitutional institutions, whether section 8 (1) (a) of the Olicac offends, the independence of the following constitutional institutions – the OC, public prosecutor, public solicitor, chief magistrate, Electoral Commission, Parliamentary Services, Auditor-General, National Judicial System; and,
- BREACH of human rights, whether Olicac infringed on the right of full protection of the law and principles of natural justice as provided by the constitution.