Jacob Sanga Kumbu v Dr Nicholas Mann, Chairman, Council Appeal Committee, University of Papua New Guinea and University of Papua New Guinea and The Independent State of Papua New Guinea (2012) N4746
Jurisdiction | Papua New Guinea |
Judgment Date | 20 July 2012 |
Docket Number | OS (JR) NO 8 of 2009 |
Year | 2012 |
Citation | (2012) N4746 |
Court | National Court |
Judgement Number | N4746 |
Full Title: OS (JR) NO 8 of 2009; Jacob Sanga Kumbu v Dr Nicholas Mann, Chairman, Council Appeal Committee, University of Papua New Guinea and University of Papua New Guinea and The Independent State of Papua New Guinea (2012) N4746
National Court: Cannings J
Judgment Delivered: 20 July 2012
N4746
PAPUA NEW GUINEA
[IN THE NATIONAL COURT OF JUSTICE]
OS (JR) NO 8 OF 2009
JACOB SANGA KUMBU
Plaintiff
V
DR NICHOLAS MANN, CHAIRMAN, COUNCIL APPEAL COMMITTEE, UNIVERSITY OF PAPUA NEW GUINEA
First Defendant
UNIVERSITY OF PAPUA NEW GUINEA
Second Defendant
THE INDEPENDENT STATE OF PAPUA NEW GUINEA
Third Defendant
Waigani: Cannings J
2012: 22 June, 20 July
ADMINISTRATIVE LAW – student disciplinary procedures – whether errors of law committed in disciplinary process – whether disciplinary committee or appeals committee exceeded jurisdiction – whether decisions premeditated – whether decision to find plaintiff guilty or to dismiss his appeal to appeal committee was unreasonable
JUDICIAL REVIEW – remedies – circumstances in which damages can be awarded in a successful judicial review
The plaintiff was a student at a university. He was charged with a disciplinary offence, found guilty by a disciplinary committee and excluded from studies for two semesters, barred from graduating and ordered to pay 10% of the total costs of assessed damage to university property and to enter a good behaviour bond. He appealed to an appeal committee, which dismissed his appeal and upheld the disciplinary committee’s decision. He sought judicial review of the decisions of the disciplinary committee and the appeal committee on five grounds: (1) error of law due to failure to adhere to procedures of student discipline statute; (2) excess of jurisdiction due to failure to serve charge and allow reasonable opportunity to defend himself; (3) the decisions were premeditated and subject to undue influence by the Vice-Chancellor; (4) unreasonableness; and (5) failure to grant an exemption from enrichment courses. The plaintiff sought declarations that the decisions of the disciplinary committee and the appeal committee were null and void and orders that the decisions be quashed, that the university allow him to graduate, that he be exempted from doing enrichment courses and damages. This was the trial of the application for judicial review.
Held:
(1) Ground (1) was upheld as the charge was ambiguous and defective and the penalty had no logical connection to the charge.
(2) Ground (2) was dismissed as the principles of natural justice were not breached by the disciplinary committee or the appeal committee.
(3) Ground (3) was dismissed as there was no credible evidence to support the claim that either decision was premeditated or affected by any actual or apprehended bias on the part of committee members or that undue influence had been brought to bear on either committee.
(4) Ground (4) was upheld as the number and nature of the errors of law committed by each committee rendered their decisions unreasonable.
(5) Ground (5) was dismissed as not being a proper ground of review as it addressed the merits of a decision (whether the plaintiff had to do certain courses to be eligible to graduate) which was not the subject of judicial review.
(6) As two grounds of review were upheld the decisions of the disciplinary committee and the appeal committee were susceptible to judicial review. The errors of law were sufficiently serious to warrant declarations that both decisions are null and void and orders that they are quashed. Other relief sought by the plaintiff (that he be allowed to graduate, that he be exempted from doing enrichment courses and awarded damages) was refused. The question of costs was reserved and the plaintiff was granted leave to apply by motion for solicitor-client costs.
Cases cited
Papua New Guinea Cases
Air Niugini Ltd v Beverley Doiwa [2000] PNGLR 347
Aita Sanangkepe v Honourable Paias Wingti (2008) N3404
Bakani and OPIC v Daipo (2001) SC659
Bau Waulas v Veronica Jigede (2009) N3781
Daipo v Bakani and OPIC OS No 489 of 2000, 17.11.00
Dale Christopher Smith v Minister for Lands (2009) SC973
Denis Donohoe v Ombudsman Commission [1985] PNGLR 348
Dopsie v Tetaga & Apeng (2009) N3722
Graham Keri v Teaching Services Commission Disciplinary Committee (1997) N1555
In the Matter of Grand Chief Sir Michael Somare (2011) N4224
Isaac Lupari v Sir Michael Somare (2008) N3476
Isidore Kaseng v Rabbie Namaliu and The State (No 1) [1995] PNGLR 481
Island Helicopter Services Ltd v Wilson Sagati (2008) N3340
Jeffrey Afozah v Police Commissioner (2008) N3300
John Nilkare v Ombudsman Commission (1996) SC498
John Unido v Commissioner of Police (2008) N3369
Kamit v Aus-PNG Research & Resources Impex Ltd (2007) N3112
Karen Mek v Mann, UPNG & The State OS (JR) No 392 of 2009, 17.01.11
Kely Kerua v Council Appeal Committee of the University of Papua New Guinea (2004) N2534
Lawrence Sausau v Joseph Kumgal (2006) N3253
Mao Zeming v Justice Timothy Hinchliffe (2006) N2998
Mision Asiki v Manasupe Zurenuoc (2005) SC797
Ombudsman Commission v Peter Yama (2004) SC747
Paul Saboko v Commissioner of Police (2006) N2975
Peter Kama v Council Appeals Committee of the University of Papua New Guinea (2010) N3829)
Peter Yama v BSP (2008) SC921
Porgera Joint Venture Manager Placer (PNG) Ltd v Robin Kami (2010) SC1060
Prai Ipandi v Robin Guria (2010) N3830
Richard Koki v Sam Inguba (2009) N3785
Robin Aegaiya v Gari Baki (2009) N3693
Ross Bishop v Bishop Brothers Engineering Pty Ltd [1988-89] PNGLR 533
Taumu v Secretary, Department of Provincial and Local-Level Government Affairs OS No 487 of 2000, 12.07.01
The State v Dibol Petrus Kopal (2004) N2778
The State v James Yali (2006) N2989
The State v Saul Ogeram (2004) N2780
Umapi Luna Pakomeyu v James Siai Wamo (2004) N2718
Wawoi Guavi Timber Company Ltd v Ken Norae Mondiai (2007) SC1018
Winmarang v Ericho and The State (2006) N3040
Overseas Cases
Associated Provincial Picture Houses Ltd v Wednesbury Corporation [1948] 1 KB 223
JUDICIAL REVIEW
This was an application for judicial review of decisions of a student disciplinary committee and an appeal committee.
Counsel
J S Kumbu, the plaintiff, in person
C Lari, for the first & second defendants
20 July, 2012
1. CANNINGS J: Jacob Sanga Kumbu, the plaintiff, was a final year law student at the University of Papua New Guinea in 2008 when he was charged with a disciplinary offence. He was found guilty by the Student Disciplinary Committee and excluded from studies for two semesters, barred from graduating and ordered to pay 10% of the total costs of assessed damage to university property and enter a good behaviour bond. He appealed to the Council Appeal Committee, which rejected his appeal and upheld the Disciplinary Committee’s decision. He has been granted leave to apply for judicial review of the decisions of the Disciplinary Committee and the Appeal Committee on five grounds.
GROUND (1): ERROR OF LAW ON THE FACE OF THE RECORD
2. The plaintiff argues that the Appeal Committee erred in law by not upholding his appeal which, he claims, contained valid grounds relating to breaches by the Disciplinary Committee of the University’s Student Discipline Statute. Specifically he argues that:
(a) the disciplinary proceedings were time-barred;
(b) the Disciplinary Committee was unlawfully constituted;
(c) the disciplinary charge laid against him was defective;
(d) there was no evidence to sustain the charge;
(e) the penalty imposed on him was unlawful and irrational.
3. Further errors were made by the Appeal Committee, the plaintiff argues, in that:
(f) it was not lawfully constituted; and
(g) it failed to determine his grounds of appeal.
(a) Disciplinary proceedings time-barred
4. Determination of this sub-ground requires an examination of the Student Discipline Statute, which puts the court in a quandary as two different versions of this subordinate legislative enactment, which is permitted to be made by the Council of the University under Section 32 (statutes) of the University of Papua New Guinea Act Chapter 169, have been put before the court. There is the version found in the Revised Laws of Papua New Guinea, dated 1 January 1985, consisting of nine sections, annexed to an affidavit of the plaintiff (exhibit P4). A different version, consisting of 16 sections, is annexed to an affidavit of the chairman of the Disciplinary Committee (exhibit D5).
5. I regard the Revised Laws as the correct version as it is a copy of the Statute printed by the Government Printer. It is sufficient evidence by virtue of Section 33(5) (approval and publication) of the University of Papua New Guinea Act and Section 39 (statutes published by authority) of the Evidence Act. The other version has not been printed by the Government Printer and is not under the common seal of the University and I am not satisfied that it has been printed on behalf of the...
To continue reading
Request your trial-
Sam Koim v Peter O’Neill
...Eliakim&Ors (2016) SC1522 Irabmile Investments Ltd v. Mobil Oil New Guinea Ltd (2015) SC1440 Jacob Kumbu v. Dr. Nicholas Mann & UPNG (2012) N4746 Kekedo v. Burns Philip (PNG) Limited [1988-89] PNGLR 122 Mathew Vingome v. John Diala& UPNG (2014) N5710 Paul Tiensten v. Sam Koim(2011) N4420 Pa......
-
Steven Nining v Dr Nicholas Mann, Chairman, Council Appeal Committee, University Of Papua New Guinea and The University Of Papua New Guinea (2013) N5338
...and The State (No 1) [1995] PNGLR 481 Island Helicopter Services Ltd v Wilson Sagati (2008) N3340 Jacob Sanga Kumbu v Dr Nicholas Mann (2012) N4746 Jomino Holee v Sem Vegogo (2013) N5101 Kamit v Aus-PNG Research & Resources Impex Ltd (2007) N3112 Karen Mek v Dr Nicholas Mann OS (JR) No 392 ......
-
Jacob Sanga Kumbu v Dr Nicholas Mann
...Karingu (2003) SC718 Island Helicopter Services Ltd v Wilson Sagati (2008) N3340 Jacob Sanga Kumbu v Dr Nicholas Mann, UPNG & The State (2012) N4746 John Kombra v Bernard Kipit (2009) N3756 Joshua Giru v Willie Edo OS No 281 of 2007, 25.07.07 (unreported) Karen Mek v Mann, UPNG & The State ......
-
Cosmos Sohia v Fidelis Semoso
...2007 – s209 (1) (k) & s2 – National Court Election Petition Rules, 2002 (as amended) – r18 Cases cited: Jacob Kumbu v. Nicholas Mann & Ors (2012) N4746 Mathias Ijape v. Bire Kimisopa (2003) N2344 Robin Aegaiya v. Gari Baki & The State (2009) N3693 Steven Nining v. Dr. Nicholas Mann & Ors (2......
-
Sam Koim v Peter O’Neill
...Eliakim&Ors (2016) SC1522 Irabmile Investments Ltd v. Mobil Oil New Guinea Ltd (2015) SC1440 Jacob Kumbu v. Dr. Nicholas Mann & UPNG (2012) N4746 Kekedo v. Burns Philip (PNG) Limited [1988-89] PNGLR 122 Mathew Vingome v. John Diala& UPNG (2014) N5710 Paul Tiensten v. Sam Koim(2011) N4420 Pa......
-
Steven Nining v Dr Nicholas Mann, Chairman, Council Appeal Committee, University Of Papua New Guinea and The University Of Papua New Guinea (2013) N5338
...and The State (No 1) [1995] PNGLR 481 Island Helicopter Services Ltd v Wilson Sagati (2008) N3340 Jacob Sanga Kumbu v Dr Nicholas Mann (2012) N4746 Jomino Holee v Sem Vegogo (2013) N5101 Kamit v Aus-PNG Research & Resources Impex Ltd (2007) N3112 Karen Mek v Dr Nicholas Mann OS (JR) No 392 ......
-
Jacob Sanga Kumbu v Dr Nicholas Mann
...Karingu (2003) SC718 Island Helicopter Services Ltd v Wilson Sagati (2008) N3340 Jacob Sanga Kumbu v Dr Nicholas Mann, UPNG & The State (2012) N4746 John Kombra v Bernard Kipit (2009) N3756 Joshua Giru v Willie Edo OS No 281 of 2007, 25.07.07 (unreported) Karen Mek v Mann, UPNG & The State ......
-
Cosmos Sohia v Fidelis Semoso
...2007 – s209 (1) (k) & s2 – National Court Election Petition Rules, 2002 (as amended) – r18 Cases cited: Jacob Kumbu v. Nicholas Mann & Ors (2012) N4746 Mathias Ijape v. Bire Kimisopa (2003) N2344 Robin Aegaiya v. Gari Baki & The State (2009) N3693 Steven Nining v. Dr. Nicholas Mann & Ors (2......