O'Neill government uses controversial law to 'refer' Chief Justice to Head of State
The O’Neill government this morning used the controversial Judicial Conduct Act to refer Papua New Guinea’s Chief Justice Sir Salamo Injia to the Head of State to set up a tribunal to investigate alleged judicial misconduct.
This is despite parliament-elected Prime Minister Peter O’Neill assuring all Papua New Guineans in a nationwide televised address recently that his government will delay implementing the law for nine months in order to carry out public awareness.
PNG National and Supreme Court justice Nicholas Kirriwom has also been referred to the Head of State in an unprecedented development in the country’s short history.
“It is therefore my important but difficult task to move a motion pursuant to section 5 of the Judicial Conduct Act 2012 for parliament to refer His Honor the Chief Justice Sir Salamo Injia to a tribunal of his peers for an inquiry as to whether the terms of the Judicial Conduct Act 2012 have been breached. I also move a motion pursuant to section 5 of the Judicial Conduct Act 2012 for parliament to refer His Honor Judge Kirriwom to a tribunal of his peers for an inquiry as to whether the terms of the Judicial Conduct 2012 have been breached,” the O’Neill government’s leader for government business, Moses Maladina, told parliament this morning.
Under PNG laws the public prosecutor is empowered to refer PNG politicians and top bureaucrats under the country’s Leadership Code if it finds the State has a prima facie case, however the direct involvement of the Governor General – via a motion of parliament as stipulated under this controversial law – now enables this symbolic office to play a direct role in the nation’s affairs.
PNG Opposition Leader, Dame Carol Kidu, condemned the referral this morning and warned that PNG faces an uncertain future with parliament now having the ultimate authority over the judiciary, an institution which many Papua New Guineans regard as the country’s last bastion of hope.
Parliamentarians led by sidelined Supreme Court-reinstated PM Sir Michael Somare are studying the implications of these developments in parliament and will release a statement shortly.
The referral will infuriate student protesters, trade unions and civil society led by the Community Coalition Against Corruption (CCAC) who have threatened to go on a nationwide protest and stop-work if the O’Neill government did not revoke the law in this session of parliament.