Judge questions representation

By KARO JESSE
A National Court judge has questioned whether private lawyers or law firms representing state institutions need the approval of the attorney-general to appear in court.
Justice Thomas Anis yesterday raised the question as a preliminary issue in a case filed by the National Capital District Commission (NCDC) questioning the decision of the Internal Revenue Commission (IRC) Commissioner-General Sam Koim to distribute goods and service tax (GST) component collected in the National Capital District to Central, Gulf and the Motu-Koitabu Assembly.
Justice Anis declined to go further into the case and adjourned it to next week for parties to file application to show cause on whether section 7(1) of the attorney-general’s Act is required to be complied with by private lawyers representing Central, Gulf and NCDC to obtain approval from the attorney-general.
He ordered the parties to provide reasons if they deem that they do not require the approval.
The lawyers maintained their stance that because they were representing state institutions, there was no need for them to obtain the approval of the attorney-general to appear.
However, the judge was adamant since the preliminary issue was raised by Solicitor-General Tauvasa Tanuvasa last month when the case came before the court.
Tanuvasa submitted that private law firms representing the provincial government in the proceedings were yet to produce the approval the Attorney-General to confirm their representation.
He explained that it was important as the provincial governments were dealing with public funds and it was necessary for them to obtain approval of the attorney-general.
The judge granted leave to lawyer Mal Varitimos, representing NCDC, to appear via video link conference at the set date to present his case on the preliminary issue.