State asks court to stay Manning ruling
By KARO JESSE
THE State has asked the court to stay a decision handed down on Friday to nullify the appointment of David Manning as Commissioner of Police.
National Court judge Justice Derek Hartshorn is expected to hear today the State’s application filed by lawyer Troy Mileng from the Solicitor-General’s office yesterday.
Justice David Cannings had ruled that Manning’s appointment in 2019 was unlawful as he did not meet the requirement that he possesses a tertiary qualification like all other government department heads.
Manning also loses the position as secretary to the police department.
Justice Cannings stated that “it was an error of law and ultra vires on the part of the Public Services Commission for not highlighting the issue surrounding the absence of a tertiary qualification when it included Manning in its preferred list for candidates”.
The State is arguing that Justice Cannings had “erred in law or mixed facts and law in finding that the advertisement published in the National Gazette for the position of commissioner of police and secretary of the department of police were for two separate positions”.
Manning’s appointment by the National Executive Council in 2019 was successfully challenged in court by two senior police officers who were contenders to the post – Sylvester Kalaut and Fred Yakasa.
Both argued that Manning did not have any tertiary qualification while both had degrees from universities.
6 comments
Thank you so much for updating us and will wait as higher court take it course.
it is unfair for parents to be over charged when we are poor enough to meet other necessary requirements to send our kids to school to gain an education.
A competent person.
National 2020 Dec 14 “A MAGISTRATE has ruled that there is enough evidence to commit dismissed assistant commissioner of police human resources, Sylvester Kalaut to trial on a charge of attempting to pervert the course of justice.
The charge relates to alleged stopping of investigations into the wilful murder of two criminals, William Nanua Kapris and Raphael Walimini, in 2013”
Can I become a CEO without a University degree? Come on ….. are you saying you don’t need a high qualification to occupy the top police post?? Make up your minds, Public Services Commission and don’t fall victims to politicians!
This is one good example when politicians get involved and influence with such decisions of appointment by the authority responsible like NEC and Public service.
I Feel sorry for Manning.
The position should be occupied by qualified people hence this should be shown or recruited through the selection criteria. To occupy Higher Position will require tertiary qualifications either degree, masters or PHD to be the requirements with the experiences. This will probably contribute and drive the country forward.. These are few thoughts for consideration..
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