Re Kaka Ruk and s42(5) of the Constitution [1991] PNGLR 105
Jurisdiction | Papua New Guinea |
Judgment Date | 18 March 1991 |
Citation | [1991] PNGLR 105 |
Year | 1991 |
Court | National Court |
Judgement Number | N963 |
Full Title: Re Kaka Ruk and s42(5) of the Constitution [1991] PNGLR 105
National Court: Woods J
Judgment Delivered: 18 March 1991
N963
PAPUA NEW GUINEA
[NATIONAL COURT OF JUSTICE]
RE KAKA RUK
AND SECTION 42 (5) OF THE CONSTITUTION
Mount Hagen
Woods J
14 March 1991
18 March 1991
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, s 42 (5); Preamble, cl 2 (12).
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, s 42 (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 [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 the particular case "repugnant to the general principles of humanity".
(3) Where a family marital problem had been enforced by imprisonment of the wife by the husband, cl 2 (12) of the National Goals and Directives Principles seeking recognition of equality and participation in the relationship of marriage had been denied, and the imprisonment was harsh and oppressive and repugnant to the general principles of humanity.
Cases Cited
SCR No 2 of 1989; Re Village Courts Act [1988-89] PNGLR 491.
Inquiry into Complaint
This was an inquiry into a complaint that a person had been unlawfully detained. The matter came to the attention of the court through the position of Woods J as visiting justice and was dealt with by him under s 42 (5) of the Constitution which provides:
"Where a complaint is made to the National Court or a Judge that a person is unlawfully or unreasonably detained:
(a) the National Court or Judge shall inquire into the complaint and order the person concerned to be brought before it or him;
and
(b) unless the court or Judge is satisfied that the detention is lawful, and in the case of a person being detained on remand pending his trial does not constitute an unreasonable detention having regard, in particular, to its length, the Court or a Judge shall order his release either unconditionally or subject to such conditions as the Court or Judge thinks fit."
Cur adv vult
18 March 1991
...
To continue reading
Request your trial-
Otto Benal Magiten for and on Behalf of Himself and his Five Children v Bernadette Beggie and Benedict Wahiginim Magiten (2005) N2908
...Magiten v Beggie and Wahiginim (2005) N2880, Mark Ekepa 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 ......
-
In The Matter of an Application by Benetius Gehasa Buka (2005) N2817
...v Senior Sergeant Mas Tanda & Others (2004) N2765, Re Complaint of Jacob Hendrich Prai and Otto Ondowame [1979] PNGLR 42, Re Kaka Ruk [1991] PNGLR 105, Re Kopa Kaipia (1989) N709(M), Re Moki Nikints [1988–89] PNGLR 164, Re Ricky Yanepa [1988–89] PNGLR 166, Re Theresa Maip [1991] PNGLR 80, R......
-
Application pursuant to Constitution, Section 18(1) Belden Norman Namah MP v Rimbink Pato MP, Minister For Foreign Affairs & Immigration and The National Executive Council and The Independent State of Papua New Guinea (2014) SC1304
...N4153 Re Conditions of Detention at Bialla Police Lock-Up (2006) N3022 Re Election of Governor-General (No 1) (2003) SC721 Re Kaka Ruk [1991] PNGLR 105 Re Kopa Kaipia (1989) N709 Re Michael Thomas Somare MP and Sir Julius Chan [1980] PNGLR 255 Re Moki Nikints [1988-89] PNGLR 164 Re Petition......
-
In The Matter of a Complaint of Unlawful and Unreasonable Detention by Rosa Jack (2006) N4153
...PNGLR 498; Joseph Lemuel Raz v Paulus Matane [1986] PNGLR 38; Re Kabia Maris and Nalik Village Court [1994] PNGLR 314; Re Kaka Ruk [1991] PNGLR 105; Re Kopa Kaipia (1989) N709(M); Re Lina Mark; In the matter of s42(5) of the Constitution [1995] PNGLR 234; Re Moki Nikints [1988–89] PNGLR 164......
-
Otto Benal Magiten for and on Behalf of Himself and his Five Children v Bernadette Beggie and Benedict Wahiginim Magiten (2005) N2908
...Magiten v Beggie and Wahiginim (2005) N2880, Mark Ekepa 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 ......
-
In The Matter of an Application by Benetius Gehasa Buka (2005) N2817
...v Senior Sergeant Mas Tanda & Others (2004) N2765, Re Complaint of Jacob Hendrich Prai and Otto Ondowame [1979] PNGLR 42, Re Kaka Ruk [1991] PNGLR 105, Re Kopa Kaipia (1989) N709(M), Re Moki Nikints [1988–89] PNGLR 164, Re Ricky Yanepa [1988–89] PNGLR 166, Re Theresa Maip [1991] PNGLR 80, R......
-
Application pursuant to Constitution, Section 18(1) Belden Norman Namah MP v Rimbink Pato MP, Minister For Foreign Affairs & Immigration and The National Executive Council and The Independent State of Papua New Guinea (2014) SC1304
...N4153 Re Conditions of Detention at Bialla Police Lock-Up (2006) N3022 Re Election of Governor-General (No 1) (2003) SC721 Re Kaka Ruk [1991] PNGLR 105 Re Kopa Kaipia (1989) N709 Re Michael Thomas Somare MP and Sir Julius Chan [1980] PNGLR 255 Re Moki Nikints [1988-89] PNGLR 164 Re Petition......
-
In The Matter of a Complaint of Unlawful and Unreasonable Detention by Rosa Jack (2006) N4153
...PNGLR 498; Joseph Lemuel Raz v Paulus Matane [1986] PNGLR 38; Re Kabia Maris and Nalik Village Court [1994] PNGLR 314; Re Kaka Ruk [1991] PNGLR 105; Re Kopa Kaipia (1989) N709(M); Re Lina Mark; In the matter of s42(5) of the Constitution [1995] PNGLR 234; Re Moki Nikints [1988–89] PNGLR 164......