Leahy: Judicial Bill is a worry for businesses

THE Judiciary Conduct Bill passed by parliament recently is a worry for the business community in the country.
The Papua New Guinea Chamber of Commerce and Industry president John Leahy said the passage of the bill “risks the perceptions of political risk of doing business in PNG”.
“This law should be repealed and additional resources be provided to the Ombudsman Commission to help them to do their job using the law that are already in place,” Leahy said.
He said in a constitutional democracy, the separation of powers was a key component of democratic institutions.
He said the Judicial Conduct Bill would give substantial powers to parliament to interfere in the conduct of judicial proceedings.
“Indeed, one interpretation is that this could be used to keep a government in power in circumstances where the Constitution would require an election to be held with the government going into caretaker mode.
“To prosper, business needs to work in an environment where politicians on all sides respect the rule of law starting with the Constitution.
“The Constitution provides for the separation of powers such that the judiciary is charged with the responsibility of ensuring that the politicians and public servants obey the Constitution,” he said.
Leahy said actions such as the passing of the Judicial Conduct Bill “attempt to undermine these sacrosanct arrangements”.
He said one of PNG’s strengths had been the independence of the judiciary.
“It remains to be seen of course whether the bill is valid under the Constitution,’’ he said.
“Business needs stable democratic institutions in which to flourish.
“Likewise prospective new investors need to be satisfied that their interest will be protected by an independent judiciary. “Enough is enough.”