Namah proceeding with cases

By KARO JESSE
THE Supreme Court has dismissed a stay application filed by the Public Prosecutor seeking interim injunction orders against a National Court decision that ruled in favour of Opposition Leader Belden Namah.
The decision on the stay application means that Namah remains a member of parliament and Opposition leader.
It also means Namah still has the standings to pursue two of his Supreme Court applications.
The two applications include questioning the legality the recently-passed National Pandemic Act and Prime Minister James Marape’s election as prime minister.
Namah filed the applications after his suspension was lifted.
The stay application concerned a decision by Justice David Cannings on July 16 which granted most of the reliefs Namah sought in a judicial review proceeding he filed against a decision of a leadership tribunal that found him guilty of misconduct in office and recommended he be dismissed from office.
Justice Cannings found that the tribunal failed to afford Namah natural justice and permanently stayed its findings and allegations.
The public prosecutor appealed the decision and sought a stay order pending the outcome of the appeal.
Justice George Manuhu yesterday ruled that the public prosecutor failed to demonstrate that a stay order was necessary pending a review of the decision.
“I have been advised by counsel that compilation of the appeal book is progressing well and nearly completed,” he said.
“I would encourage the parties to act with due diligence and ensure that the appeal is heard without delay.”
Lawyer for the public prosecutor Gibson Geroro submitted that his client and the operation of the leadership code were likely to suffer prejudice.
This was because despite Namah being found guilty of misconduct in office, he had resumed office as a Member of Parliament and Opposition leader.
A stay would only mean that a suspension under organic law on leadership code.
This would continue preventing Namah from performing his duties as a MP and the Opposition leader.