by Theckla Gunga – EM TV News, Port Moresby
A judicial review will be conducted on the revoke of ousted Correctional Service Commissioner, Michael Waipo.
The National Court granted the review application however, refused the application of restraint on the newly appointed CS Commissioner, Bernard Nepo, from acting as commissioner.
Justice Colin Makail made the ruling this morning on the grounds that he was satisfied with the evidence presented in court.
Two different applications were filed this morning. The application to seek judicial review on the revocation of Waipo as CS commissioner and to restrain Nepo from performing the commissioner’s role.
The applications to seek judicial review were submitted on three grounds.
They were to satisfy all the requirements of the Court, determine whether the case was arguable and the time in which the matter was brought before the court.
Waipo’s lawyer made submissions that the manner in which the revoke was executed did not follow the correct procedure and Section 28 of the Personnel Management Regulations Act, was breached.
The court heard that under this act, the Head of a Ministry in this case the first defendant, Correctional Service Minister, Jim Simatab, would have issued a warning to the employee, who is plaintiff Waipo on the areas he needed to improve on.
And if the employee does not improve his performance, then the ministerial head will recommend the cancellation of the contract.
However, the court heard that Waipo did not have a written contract and was acting as the correctional service commissioner only on the National Executive Council appointment made in September, 2014 .
Judge Makail said there was evidence that the revoke came as a surprise for the plaintiff and he was not given an opportunity to respond to what he was revoked for.