Re Kaka Ruk and s42(5) of the Constitution [1991] PNGLR 105

• Jurisdiction: Papua New Guinea
• Citation: [1991] PNGLR 105
• Date: 18 March 1991
• Court: National Court
• Year: 1991

Full Title: Re Kaka Ruk and s42(5) of the Constitution [1991] PNGLR 105

National Court: Woods J

Judgment Delivered: 18 March 1991

1 Constitutional law—imprisonment from Village Court for adultery—customary law and National Goals and Directive Principles—imprisonment for marital problems harsh and oppressive and repugnant to general principles of humanity

2 Application under Constitution s42(5)

3 INFERIOR COURTS—Village courts—Jurisdiction—Power to order imprisonment—Subject to Constitution—Adultery complaint—Marital problems more appropriate to compromise and discussion—Principles of natural justice to be observed—Rights to equality and participation—In marriage—Wife's imprisonment unlawful—Constitution, s42(5); Preamble, cl2(12).

4 CONSTITUTIONAL LAW—Constitution—National Goals and Directive Principles—Equality and participation—In respect of marriage relationship—Whether settlement of marital disputes by village courts contrary to natural justice—Constitution, s42(5); Preamble, cl 2(12).

Held:

(1) Whilst the powers of the village courts are to be exercised having regard to custom they must also be exercised in accordance with the principles of natural justice.

SCR No 2 of 1989; Re Village Courts Act (Ch44) [1988–89] PNGLR 491, followed.

(2) The principles of natural justice should be measured against the relevant National Goals and Directive Principles to determine whether they are in...