Morobe Provincial Government v Minister for Village Services and The Independent State of Papua New Guinea

• Jurisdiction: Papua New Guinea
• Court: National Court
• Judge: Salika J
• Judgment Date: 25 February 1994
• Citation: (1994) N1215
• Judgment Number: N1215
• Year: 1994

National Court: Salika J

Judgment Delivered: 25 February 1994 [The judgment mistakenly has 1992]

PAPUA NEW GUINEA

[NATIONAL COURT OF JUSTICE]

MOROBE PROVINCIAL GOVERNMENT

v

MINISTER FOR VILLAGE SERVICES

&

THE INDEPENDENT STATE OF PAPUA NEW GUINEA>

Waigani

Salika J

25 February 1992

CONSTITUTION LAW — Provincial Government — Suspension — Recommendations by Permanent Parliamentary Committee on Provincial Government Suspension for reinstatement — Parliament confirms suspension — Constitution s. 187E — provides only grounds for suspension.

RULING

25 February 1992

SALIKA J: The Brief facts in relation to this matter is that on the 16 October 1992 the National Executive Council provisionally suspended the Morobe Provincial Government on the grounds that:

1. There was gross mismanagement of the Provincial Government funds.

2. There was political instability.

3. There was a breakdown in the administration of the province.

In April of 1993 the Permanent Parliamentary Committee on Provincial Government suspension after carrying out its investigations recommended to the Parliament to confirm the suspension and that the suspension remain in force.

However, on the 10 August 93 when presenting the Permanent Parliamentary Committee on Provincial Government suspensions report to the Parliament the committee recommended that the Morobe Provincial Government be reinstated.

The Hansard report says:

"In view of the overall improvement, this committee, therefore recommends to the reinstatement of the Morobe Provincial Government as soon as practical."

After the report was tabled in Parliament debate on it was adjourned from the 10 October 93 to the 19 August 93. On the 19 August 93 debate resumed on the motion by Mr Nilkare that the Parliament confirm the suspension of the Morobe Provincial Government. Before Parliament could debate on the motion and the report of the Permanent Parliamentary Committee on Provincial Government suspension considered.

Mr Ben Micah started by saying:

"There are now two conflicting ideas in Parliament. One is the recommendation of the Provincial Government Suspensions Committee and the other is that the Parliament has adopted the report of the Bipartisan Committee on Provincial Governments and one of its main recommendations. That is, to enable a smooth transition of opposing systems,...