Court reinstates Klapat

 THE Waigani National Court has reinstated Joseph Klapat to his substantive position as secretary of the Community Development Department.
Justice Colin Makail ruled last Friday that Klapat’s suspension did not follow the procedures prescribed in the Constitution, the Public Service Management Act and the clauses in his contract of employment.
The court upheld the judicial review application and declared that Klapat’s suspension and the appointment of Anna Solomon as acting secretary were illegal, null and void.
The court quashed an investigative report commissioned by Solomon against Klapat declaring the report as illegal, null and void.
“The decision of the National Executive Council to suspend Klapat pending the investigation was in breach of the procedure prescribed by the Constitution and the Public Service Management Act,” Makail said.
“The reason being that the then minister for community development by-passed the minister for public services and public services commission when he presented a submission directly to NEC to suspend Klapat.
“Solomon is only acting and it is wrong to suggest that she has the right to hold onto this position forever.
“If Klapat resumes duty, logically she would return to her substantive position.”
Klapat’s lawyer Brendan Wai said his client learnt of the revocation of his appointment through the media.
He said the National Executive Council was wrongly to revoke Klapat’s appointment and appoint Solomon as acting secretary ahead of the court decision.
“There was no reason given for the revocation of Klapat’s appointment,” Wai said.
He added that Klapat applied to the court to review the decision to suspend him and appoint Solomon as acting secretary.