PAPUA New Guinea’s government has sought urgent legal advice after the country’s constitutional watchdog referred a matter involving the Chief Justice to the National Executive Council.
The referral set up a major test of the country’s constitutional framework.
Chief Secretary Ivan Pomaleu said the NEC has asked the State Solicitor for advice after the Ombudsman Commission invoked Section 29(2) of the Constitution to refer the Chief Justice to Cabinet.
The move followed a leadership tribunal process in which the Public Prosecutor declined to pursue proceedings against the country’s most senior judicial officer.
Pomaleu said the referral raises serious constitutional questions about the Leadership Code and the respective powers of the Ombudsman Commission, the Public Prosecutor and the executive government.
“It involves the Head of the Judiciary and the constitutional governance framework of the Independent State of Papua New Guinea,” Pomaleu said in a statement.
He said Prime Minister James Marape and Cabinet must have a full understanding of the legal and constitutional implications before deciding any next step.
According to Pomaleu, seeking advice from the State Solicitor is a routine administrative step intended to ensure the NEC receives independent legal guidance before making a decision.
He said the State Solicitor has been asked to treat the matter as a priority.
Pomaleu also rejected any suggestion of improper conduct by his office, saying its role is to ensure that Cabinet is fully informed before it carries out its constitutional responsibilities.
