Court rules forestry director be reinstated

The National National

By GIDEON KINDIWA
THE Supreme Court has ordered the reinstatement of PNG National Forest Service managing director Tunuo Sabuin and ruled that his suspension was unlawful and in breach of proper processes.
Justice Colin Makail said the decision to suspend Sabuim was in breach of Forestry Act 1991 and Regulatory Statutory Authorities (Appointment of Certain Officers) Act 2004.
“The suspension of the managing director (Sabuim) was not done fairly and transparently and those identified as being responsible must be held accountable,” he said.
According to the respective legislations, the process of suspending a managing director, or chief executive officer, of a statutory body is as follows:

  • Board members must first determine the grounds to suspend a CEO, in consultation with the Department of Personnel Management;
  • they must have a meeting and resolve to advise the minister responsible about the suspension;
  • the minister must make recommendation to the Ministerial Executive Appointments Committee (MEAC) about the suspension;
  • MEAC, after approving the minister’s recommendation, must recommend the suspension to the National Executive Council (NEC); and,
  • The NEC will then advise the Head of State (governor-general) to suspend the CEO and the power totally lies with the Head of State.

However, in this case, Justice Makail identified in his ruling that the NFS board had a meeting and “resolved to suspend Sabuim” instead of “resolving to advise the minister” who would then advise the MEAC.
The board gave directions to the then Public Service Minister Elias Kapavore, who proceeded to give directions to MEAC for the suspension.
“This is a clear breach of the powers and functions of the board
under Section 8 (3) of the RSA Act,” Justice Makail said.
“The board must be held accountable for its deed and must be reminded to return to its function as the initiator of the suspension process and not as the final authority, or overstep its mark, or exercise powers that it does not have.
“In other words, it must advise rather than decide for the minister to suspend.”
Sabuim was appointed as managing director for PNG NFS on May 3, 2017. His employment contract was yet to be executed and awaiting clearance by the State Solicitor when Sabuim started work.
On April 24 last year, he was served a notice to respond to eight allegations against him by the board chairman.
On Jan 21 this year, the NEC advised acting Governor-General at that time, Job Pomat, suspended Sabuim and appointed Amos Goodwill to act in the position.
Makail concluded that the purpose of the judicial review is for a court to review the decision-making process and identify if the process had been complied with and does not look into the merits of the decision.
Makail ordered that the board’s decision to suspend Sabuim be quashed, the meeting held to suspend him be declared null and void and any steps taken by the Public Service Minister, MEAC and NEC be deemed illegal.
He further ordered for Sabuim to be reinstated and Goodwill to cease from his acting role and that a contract of employment to be signed.
Sabuim was pleased with the court’s decision and was grateful to his lawyer Peterson Kewa from Serenia Lawyers.
He told The National outside court: “It’s a great relief especially for me and my family, and also for my staff, the suspended staff and some of the terminated officers. Some of them are very senior officers in the department, who were also suspended after me. It’s a great relief for everyone.”