Court refuses application

The National National

By KARO JESSE
AN application by the suspended Chimbu administrator Michael Bal Temai seeking to stay the National Executive Council decision to suspend his appointment pending an investigation was refused by the Supreme Court yesterday.
Temai filed the stay application pending the determination of an appeal he had filed against a National Court decision that refused him leave for a judicial review of his suspension. Temai’s lawyer Peter Kuman told the court yesterday that the interim injunction was to restrain the NEC and its agents from making any decisions or taking any further action on NEC’s decision of April 30 to suspend Temai’s appointment, pending final determination of an appeal of the National Court’s decision. Justice David Cannings upheld submission by lawyer Kevin Kipongi of the Solicitor General’s Office who contended that there was no balance of convenience and arguable case in the appeal being satisfied which would allow the granting of a stay. Kipongi said Temai was still on full pay and entitlements during his suspension and was attending court to challenge the NEC decision but could only challenge his suspension once the investigation in the allegations that caused his sidelining was completed and the findings returned. Kipongi said it was premature to come to court at this stage, as allegations were under investigation. According to Kipongi, Temai was suspended on allegations of:

  • INEFFICIENCY in service delivery in the province;
  • PROLONGED absenteeism from office;
  • QUESTIONABLE appointment of the provincial procurement committee;
  • AWARDING of public contract; and,
  • ILLEGAL financing of court proceedings.