Civil servant’s judicial review bid dismissed


A JUDGE has dismissed an application by a senior public servant for a judicial review on his suspension, saying the court does not have the jurisdiction to deliberate on a Cabinet decision.
National Court judge Justice Les Gavara-Nanu told National Housing Commission (NHC) acting managing director Ditha Nayabbanung that the court was satisfied that the term of his contract had expired on Nov 20.
Gavara-Nanu said the court did not have the jurisdiction to deliberate on the decision of the National Executive Council (NEC).
Nayabbanung was appointed acting managing director of the NHC for a period of three months from Aug 2 to Nov 20.
He was suspended by Housing Minister John Kaupa on Oct 9, acting on the advice of the NEC.
The court heard that the NEC had appointed Kenneth Cookie to the position.
Nayabbanung’s lawyer Japson Stanis made submissions in court seeking leave for a judicial review.
The State lawyer argued that there was no utility for Nayabbanung to seek a judicial review on his suspension as his contract had expired.
The lawyer suggested that Nayabbanung should file for damages at another court for the alleged breach of his contract.