Lawyer wins Supreme Court case against law reform

The National National

PARLIAMENT has the powers to pass laws but it must be done in good faith and in compliance with the Constitution, a lawyer says.
Lawyer Nemo Yalo, who successfully took the matter on the Supreme Court interpretation of the amended Public Service Management Act (PSMA) 2014 to court on behalf of Dr Philip Kereme, the chairman of Public Service Commission (PSC), said this after the decision.
The court declared the Act null, void and unconstitutional last week.
“Public service reform was one of the five major policies of the O’Neill Government,” Yalo said.
“This landmark Supreme Court decision is a major setback.
“Nothing stops the Parliament from passing the law again, so long as it complies with the Constitution.”
Yalo said the court decision was a victory for good governance and the public service.
“I commend Dr Philip Kereme for taking the action in his capacity as a private citizen,” he said.
The Supreme Court, in its ruling last Thursday, declared the amended Public Service Management Act 2014 and related statutes enacted by Parliament null, void and unconstitutional.
These status are:

  • Public Service Management Act 2014;
  • Regulatory Statutory (Appointment to Certain Offices) (Amendment) Act 2013;
  • Public Service (Management) (Employment of Departmental Heads) Regulations 2014;
  • Public Service (Management) (Employment of Provincial Administrators) Regulations 2014; and
  • Regulatory Statutory (Appointment to Certain Offices) Regulations 2013.

Yalo said to avoid doubts and confusion, the Supreme Court declared that all or any actions taken under these laws now declared unconstitutional and invalid shall remain valid.
Meanwhile, president of the PNG Trade Union Congress John Paska has applauded the Supreme Court decision and commended Kereme for taking the matter to court on his own volition in the interest of good governance.
“The Department of Higher Education Act is also one such legislation that should be challenged in court over its competency,” he said.
“There are currently two pieces of legislation dealing with the same issue – being the governance of the University of Papua New Guinea,”he said.
“This is unacceptable and indeed gave rise to the fracas over the interim University of Papua New Guinea council and appointment of the vice-chancellor.”