A FULL Supreme Court bench has thrown out a court order to reinstate Joel Luma
as secretary of the Works Department. Justice Bernard Sakora handed down the unanimous decision on behalf of Chief Justice Sir Salamo Injia and Justice George Manhu last Friday in Waigani. “We are of the view that the single judge and for that matter, this court clearly lacks jurisdiction to grant interim relief in this appeal from refusal to grant leave for judicial review,” the judges said in their ruling. “Pursuant to s 5(2) of the Supreme Court Act, the interim orders granted by a single judge of the Supreme court on April 10, 2014, are discharged forthwith.” The order to reinstate Luma to his former position was made by Justice Colin Makail sitting as a single Supreme Court judge on April 10. The State filed the appeal against the order to reinstate Luma and the Chief Justice gave directions last Tuesday for the full Supreme Court to hear the matter. Lawyer for the State Wailyo Mapiso told the court that Luma’s stay application, which was granted by Justice Makail, was misconceived. Mapiso argued that the order to reinstate Luma was substantive in nature and the application should have come before a full Supreme Court and not a single judge. Luma’s substantive appeal in the Supreme Court is still pending and relates to the National Court’s refusal to grant him leave for a judicial review of the National Executive Council’s decision to terminate him as Works Secretary on Nov 29, 2013. Mapiso advised Justice Minister and Attorney General Kerenga Kua in a brief on Friday that the court’s decision was unanimous and all three judges agreed the single judge lacked jurisdiction to grant an interim relief to Luma. “The ruling of the high court means that the status quo prior 10 April 2014 has been restored,” Mapiso said. He added that Personnel Management Secretary John Kali had been advised to complete the recruitment process for a permanent Secretary for Works. As a result of the verdict, David Wereh retained his position as acting Secretary for Works Department, which was thrown into chaos in the wake of the court order that reinstated Luma. The Works Department head office in 4 Mile, Port Moresby, was besieged by police and security personnel as Luma tried to serve the court order on Wereh. Wereh said on Friday that his management and staff were relieved by the Supreme Court’s decision and that the situation had returned to normal at Work’s headquarters . PNG Facts/ The National. Comments are closed.
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