Posted By Staff Reporter
By Maurice Laufa - Lecturer for Law @ UPNG A bit of legal history.. In February 1976 the Governor General acting on advice from NEC by gazettal notice established the Department of Police and Office of Secretary of Police. In 1979 Phillip Bouraga was appointed both as Commissioner of Police and Secretary of Police. In 1981 he was charged by the Public Services Commission for disciplinary offences arising from his refusal to obey a direction from the then Police Minister. A Board of Inquiry was established to hear the charges against Mr Bouraga. A reference was filed by the Board in January 1982 before the Supreme Court to answer certain questions on the matter. A 3 men Supreme Court, (comprising Kidu CJ, Kapi & Pratt JJ) held 1) that the Department of Police and Office of Secretary of Police were established under Acts of Parliament through gazettal notice, 2) Royal PNG Constabulary and Office of Commissioner of Police were established by the Constitution and their functions and powers were conferred by the Constitution. The Supreme Court expressed the view that the powers and functions of the Police Commissioner cannot be transferred to and performed by the Police Department and the Police Secretary. And on Mr Bouraga, the Supreme Court held that as Police Commissioner, he was not subject to direction or control by the Police Minister and that the Public Services Commission did not have displinary power over him. Based on the Supreme Court's decision, Mr Bouraga resigned as Police Secretary but continued as Police Commissioner.
Since 1982 successive Governments have never appointed a Police Secretary nor have they recognised a Police Department. The successive Governments also did not revoke the gazettal notice of February 1976 establishing a Police Department and office of Police Secretary. So the Police Department and Police Secretary's position have remained in a legal vacuum since 1982 till 2 days ago. All that the Government did, through the GG and the gazettal notice, was to formally validate the Supreme Court's decision in 1982 to abolish the Police Department and office of Police Secretary! So there is no conspiracy by the Government!! I remember the Bouraga Case in the Supreme Court in 1982..because I was a first year law student at UPNG! Good night and stay safe. //////////////////////// Note that the Police Department and Office of Secretary existed purely based on a Gazettal Notice of 1976 without any substantive Acts of Parliament to give legal life to their existence. It's like an empty sea shell without (utility) a living organism inside, gathering dust in someone's house and being thrown out Note: Let Your Views be heard : Send all your Political Commentaries to us through our email : pngfacts@gmail.com Share this Comments are closed.
|
PNG Politics WatchPNG Political analysis, Gossips ,Commentaries, news and ViewsPapua New Guinea Politics, news and commentaries . Send us your PNG Political view to us for publication on this page . Contact us |