District courts review

The National National
From left: CLRC commissioners Rev Dr William Longgar, Dr Fiona Hukula and CLRC secretary Dr Mange Matui at the launch of the 11th CLRC issues paper. – Picture courtesy of CRLC Media

By ZEDAIAH KANAU
THE Constitutional and Law Reform Commission (CLRC) will start consultations with key stakeholders to review the practices and procedures of district courts within the country.
This follows the launching of the commission’s issues paper on its 11th term of reference which is the review of the district courts practices and procedures on Tuesday in Port Moresby.
The term of reference was referred to by then minister for justice and attorney-general Kerenga Kua on July 1, 2013.
Dr Fiona Hukula, one of the commission’s five commissioners, said: “This launch now will open the consultations. We will be going out, the commissioners and the staff, to consult in various provinces in Madang, Lae, Gulf, Milne Bay, Eastern Highlands and Western Highlands.”
CLRC secretary Dr Mange Matui said one of the task of the commission was to look at the procedures of the district court.
Dr Matui elaborated on the two laws, substantive and procedural.
“Procedural law gives life to substantive law,”he said.
“You can have a law for wilful murder or stealing but without procedure, you cannot give life to that particular law, which is the law on wilful murder or stealing.
“Our courts, the district and the National Courts are well known on procedural law.
“So when you bring a particular matter to the courts such as stealing or wilful murder to court, then they use procedure, which is procedural law to apply to see whether or not the person is guilty of stealing or wilful murder”.
According to the issues paper obtained by The National, the review of the district courts would ensure that greater efficiency and integrity is injected into the district courts practice and procedure in both criminal and civil proceedings.
The review would seek reform proposals to modify, abolish and introduce any relevant associated practice and procedures with the aim of fast tracking district court cases (criminal and civil).