Court allows review of Dr Mann’s removal

The Waigani National Court has granted an application for leave to review the decision made by Higher Education Minister Pila Niningi to remove Dr Nicholas Mann, pictured, as acting chancellor of the University of Papua New Guinea.
Justice Leka Nablu ruled that Mann had an arguable case and all other requirements for leave were met.
She granted the leave application and ordered for judicial review of Niningi’s decision.
Mann’s main ground was that the minister did not have the power to appoint or remove the chancellor.
His lawyer, Stanley Liria, submitted that the power to appoint a chancellor was vested in the UPNG Council and the minister had no powers, as according to Sections 10 and 25 of the University of Papua New Guinea Act.
Mann said Section 52 of the Higher Education (general provisions) Act did not give Niningi any right to make automatic revocation of his appointment.
He argued after 17 years of service to UPNG, and eight years as acting chancellor, there had to be some level of decency in the way he was treated, including being sacked within 12 hours’ notice and all kinds of allegations made in the media.
Liria submitted that Niningi made an error of law by failing to consult the university council and allow them to make a recommendation to the National Executive Council, through the office of the Higher Education, for revocation of Mann as the acting chancellor.
He also submitted that Mann was denied natural justice and fairness under Section 59 of the Constitution, as Niningi had failed to provide reasons for his decision. Liria said Mann was denied the right to be heard, which breached Sections 37(1) and 59 of the Constitution.