Supreme Court adjourns ombudsman’s case challenging law

The Supreme Court has adjourned to Nov 5 a special reference case filed by the Ombudsman Commission challenging the validity of the Public Money Management Regulisation Act.
Judge Derek Hartshorn, sitting as a single Supreme Court judge, adjourned the case on Friday to allow time for certain steps to be taken to prepare the case for a hearing.
He said a hearing date would be given on Nov 5 after all final affidavits or amendments to affidavits were done. The court heard that other parties apart from the Deputy Prime Minister and Minister for Treasury Charles Abel, Secretary for Treasury Dairi Vele, Minister for Finance James Marape, Secretary for Finance Dr Ken Ngangan, Speaker Job Pomat and the Constitutional Law Reform Commission had expressed interest to also be interveners in the case.
This include the court registrar and the attorney-general.
The case, which is still in the directions stage, will call for all parties to be basically be answering questions on whether provisions of the new PMMRA and/or its entirety was consistent with the Constitution and check its validity.
The provisions of the Constitution that had been raised in the reference for the court to look at and relate to the right of ownership of property.
The special reference will also look at whether this law will affect the independence of constitutional institutions.
It will also look at whether this law will affect the power of the court to review any matter or grievances of people who want to come to court.
It will also look at whether the penalties that are being imposed in this law are harsh and oppressive for people who do not comply with the law.