Court order stops Jiwaka ceremony

National, Normal

The National, Thursday, June 9th 2011

NORTH Waghi MP Benjamin Mul will not be sworn into office today as the new chairman of the Jiwaka Transitional Authority.
Former chairman Philip Kapal took out a restraining order against Mul, the National Executive Council, acting Prime Minister Sam Abal and the government printer yesterday at the Minj National Court, stopping Mul’s swearing-in this morning in Banz as planned.
Justice David Allan’s order that leave be granted to review the decision of the National Executive Council made on May 19.
The court ordered that until further orders, Abal was restrained from signing any instrument of appointment to appoint Mul to become the chairman of the JTA.
The court ordered that Mul was restrained from entering the office or purporting to hold himself to be the chairman.
The court ordered that Abal and the government printer be restrained from publishing in the National Gazette the revocation of the appointment of Kapal as the chairman of JTA and the appointment of Mul as the new chairman.
The matter fixed for direction hearing at the next available date.
Kapal filed an originating summons on June 1 seeking a judicial review of the appointment of Mul by the National Executive Council on May 19.
Kapal raised a number of grounds to support his application and these include :
.  The NEC exceeded its powers and committed errors of law;
. It seriously breach­ed natural justice;
.    It was fed with false, misleading information and acted unreasonably.
Justice Allan said that after considering Kapal’s affidavit and statement, he felt Kapal had demonstrated that he had an arguable case.
He said in the exercising of his powers under Order 16 rule 3 (8) of the National Court Rules, he considered the circumstances of this case warranted the grant of restraining orders.