Ruling on Kiponge’s special reference set for Friday

By BEVERLY PETER
A THREE-MAN Supreme Court bench is expected to rule on Friday whether a special reference application filed by former National Airport Corporation (NAC) managing director Rex Kiponge is properly before the court.
Kiponge’s special reference filed under section 18 of the Constitution seeking interpretation of section 147F of the amended Civil Aviation Act 2022 as he claimed that the amendment was invalid and void. The bench comprising Justice David Cannings, Justice Susan Purdon-Sully and Justice Kenneth Frank, after hearing objections to competency filed by the first intervener and Transport and Civil Aviation Minister Walter Schnaubelt and the Attorney-General Pila Niningi as the second intervener on behalf of State, reserved their decision.
Schnaubelt in his objection to competency through his lawyer Steven Ranewa at Waigani yesterday contested that Kiponge’s reference was not proper before the court in accordance with the law.
Ranewa submitted that applications were special, involving processes and invokes the original authority of the Supreme Court.
“Given the special status in our submission that the application must ensure strict compliance of the Supreme Court Rules,” he said.
This was because Ranewa claimed that Kiponge did not comply with Order 4 Rule 3(d) and Form 1 of the Supreme Court Rules which provides that facts must be provided in the application.
Ranewa said this was not the case as the matter pleaded contained opinions and not facts.
He said that therefore Kiponge’s application was incompetent.
Lawyer from the office of Solicitor General representing Niningi, adopted Ranewa’s submission.
Kiponge through his lawyer Belinda Poki said the special reference was proper before the court.
Poki said the necessary facts were also included and the court should allow the reference to proceed in order to be determined on its own merit.
The section of the amended Civil Aviation Act 2022 that Kiponge sought to nullify empowers the minister to oversee the NAC managing director’s appointment.
The amendment made to section 147F Civil Aviation Act on Dec 2, 2022 replaced the previous law that provided for the NAC board to oversee appointments.
Schnaubelt, acting on that amened Act, suspended Kiponge on Dec 5, 2022 which then led to his termination last year.
Meanwhile, the substantive matter is yet to be heard pending the outcome of the objections to competency.