Top court to check error

THE Supreme Court on Friday will decide whether there were errors of law committed by a National Court judge in nullifying the appointment of Western Highlands provincial administrator Elvis Mark Balg. A three-man bench comprising Chief justice Sir Gibbs Salika and two other judges heard submissions from parties in an appeal the State filed.The appeal raised an issue of law on the National Court’s decision by Justice David Cannings on March 29, for finding that Section 60 of the Public Service (Management) Act 1995 and amended Section 60 of the Act (2020) may be unconstitutional as they appeared to be inconsistent with section 73 (2) of the Organic Law on Provincial and Local Level Government.Justice Cannings used this to nullify Balg’s appointment and reverted the appointment process to the Personnel Management Department for reappointment of the person occupying the office before the vacancy, Joseph Neng. State lawyer Kevin Kipongi, of the Solicitor General’s office, contended that the National Court erred in law in deciding on the constitutionality of Section 60 of the old and amended Public Service (Management) Act when it  had no jurisdiction to do so.