Court grants leave to review sidelined official’s suspension

By ZEDAIAH KANAU
SIDELINED managing director (MD) of the Climate Change and Development Authority (CCDA) Ruel Yamuna has been granted leave for a judicial review of his suspension last year by his employer.
Justice Nicholas Miviri in the Waigani National Court allowed Yamuna a judicial review after finding that he had a strong arguable case pertaining to the nature of his suspension.
Yamuna was ordered to file and serve the substantive notice of motion within 14 days from yesterday (Feb 3).
The matter will be called for directions hearing on March 1 at 9.30am.
Yamuna had sought leave to review the decision of Environment, Conservation and Climate Change Minister Wera Mori by way of a letter dated Nov 23, last year, that purportedly suspended him as CCDA MD and appointed Jacob Ekinye as the acting MD of the CCDA.
The subject of the letter is allegations of misconduct and misappropriation in the CCDA.
“He is suspended and the matters which are the subject of the letter set out above must be properly settled through the process,” Justice Miviri said. The judge said given these facts, the relevant law applicable was the Climate Change (Management) Act 2015.
“It is explicit and clear that internal disciplinary processes and proceedings must follow what is set out by the law, relevantly here that is the Climate Change (Management) Act 2015.
“Only suspension has allegedly taken place, there is no decision relating to that suspension or emanating out of it as to what entails the plaintiff (Yamuna) as a result of the alleged conduct in question on that day.”
Justice Miviri said the suspension would be in order by section 47, vacancy in the office of the MD of the Act which leaves discretion upon the National Executive Council (NEC) to remove or suspend a MD.