Re Kepo Raramu and Yowe Village Court
Jurisdiction | Papua New Guinea |
Citation | [1994] PNGLR 486 |
Year | 1994 |
Court | National Court |
Judgement Number | N1262 |
National Court: Doherty J
Judgment Delivered: 22 November
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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...
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Otto Benal Magiten for and on Behalf of Himself and his Five Children v Bernadette Beggie and Benedict Wahiginim Magiten (2005) N2908
...v William Gaupe (2004) N2694, Re Kaka Ruk and Section 42(5) of the Constitution [1991] PNGLR 105, Re Kepo Raramu and Yowe Village Court [1994] PNGLR 486, Re Wagi Non and s42(5) of the Constitution [1991] PNGLR 85, SCR No 4 of 1980; Re Petition of M T Somare [1981] PNGLR 265, Supreme Court R......
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Otto Benal Magiten for and on Behalf of Himself and his Five Children v Bernadette Beggie and Benedict Wahiginim Magiten (2005) N2908
...v William Gaupe (2004) N2694, Re Kaka Ruk and Section 42(5) of the Constitution [1991] PNGLR 105, Re Kepo Raramu and Yowe Village Court [1994] PNGLR 486, Re Wagi Non and s42(5) of the Constitution [1991] PNGLR 85, SCR No 4 of 1980; Re Petition of M T Somare [1981] PNGLR 265, Supreme Court R......