Nobetau’s sacking null, void

By ZEDAIAH KANAU
THE Waigani National Court has ruled that the termination of Joseph Nobetau as chief secretary of the Autonomous Bougainville Government (ABG) by the Bougainville Executive Council (BEC) was done without any proper authority and is therefore null and void.
Justice Nicholas Miviri in a ruling on a judicial review proceeding initiated by Nobetau yesterday, quashed the BEC’s decision (in its entirety) regarding his termination on Aug 23 last year.
Nobetau instituted the proceeding against his termination by the BEC.
He successfully obtained leave on Oct 14, 2019 to institute the proceeding.
The termination was swift and immediate.
It flowed from a meeting concluded with the removal of Nobetau as chief secretary of a Constitutional office of Bougainville and with a letter dated Aug 23, 2019, to immediately process and to pay the remainder of his contractual entitlements.
The court was told that when termination was imposed, there was no dialogue and consensus between Nobetau, the BEC and the State (PNG).
The court also heard that the defendants mitigated their action by the offer and payment of Nobetau’s final entitlements and benefits for the remainder of his contract.
“It is calculation of what is owed to him emanating from the contract that was prematurely terminated hence, the figure as it is. It is very strong evidence which falls against the defendants when considering the totality of their actions here against him,” Justice Miviri said. He said according to the Constitution of the ABG section 147 (1), the Bougainville Public Service by subsection (2) shall be appointed (and may be suspended or removed from office by the Bougainville Senior Appointments Committee).