Re Kepo Raramu and Yowe Village Court

• Jurisdiction: Papua New Guinea
• Judge: Doherty J
• Court: National Court
• Citation: [1994] PNGLR 486
• Year: 1994
• Judgement Number: N1262

National Court: Doherty J

Judgment Delivered: 22 November

Check to see if judgment delivered in 1993 or 1994.

Press Esc to close

1993

PAPUA NEW GUINEA

[NATIONAL COURT OF JUSTICE]

IN THE MATTER OF KEPO RARAMU AND IN THE MATTER OF YOWE VILLAGE COURT

Mount Hagen

Doherty J

22 November 1993

CONSTITUTIONAL LAW — Application of custom by Village Court — Custom oppressive — contrary to equality provisions in Constitution and not in keeping with the inherent dignity of mankind.

CONSTITUTIONAL LAW — Custom and the underlying law.

Facts

These are adequately set out in the judgment.

Held

1. A custom which is discriminatory and, therefore, contravenes the Constitution is not part of the underlying law and, therefore, not enforceable.

2. A Village Court cannot convict for offences not provided for in the Village Court Regulations.

22 November 1993

DOHERTY J: Kepo Raramu has been sentenced by the Village Court to a term of six months imprisonment because, as a widow, she has gone around with another man.

I am well aware of the custom in many areas that says women whose husbands have died are not to go around with another man. I have come across such a custom in Ninigo Islands in the Manus Province and Tigidu in Morobe Province. I do not know of any equivalent custom that says a man whose wife died is not allowed to go around with other women, and, as such, I consider this custom strikes against the basis of equality provided in s 55 of the Constitution.

It appears to me, to quote the words of the former Chief...