The Papua New Guinea Ombudsman Commission’s referral of Chief Justice Sir Gibbs Salika to the National Executive Council (NEC) for alleged misconduct in office has set a “dangerous precedent”, according to Deputy Opposition Leader Keith Iduhu.
Democracy in the country could be at risk with the interference in the separation of powers which provide for the independence of constitutional offices, he said.
“By forcing the Chief Justice to a leadership tribunal through the NEC or the appointing authority, even after the public prosecutor has acted lawfully, raises questions about the legality of the matter,” Iduhu said.
He described it as an interference in the separation of powers as Sir Gibbs, being the head of the judiciary, would be subject to the decision of the executive government.
“It is new territory and uncharted waters, so we need to tread with great caution and care as this issue goes to the heart of the constitutional principles of separation of powers,” he said.
“The Office of the Chief Justice is a constitutional office and must be independent.
“This is now dangerous territory in our constitutional democracy, whereby the executive arm of the government is now invited to meddle into the issues concerning the Chief Justice.
“By this nature, we are already asking the executive arm to interfere with the judiciary, two different arms of the government which are fundamental and embedded in our Constitution.”
Opposition Leader James Nomane said the matter should be taken seriously as the independence of the country’s judiciary was under threat.
He urged the Ombudsman Commission to exercise restraint and follow due process so as to protect one of the important pillars of the Constitution.
“Papua New Guinea’s constitutional order was built on three pillars: an executive that governs, a legislature that makes law, and a judiciary that protects rights,” Nomane said.
“Each must function without interference from the others.
“An independent Judiciary underscores our democracy by guaranteeing every citizen’s rights before the law.
“We do not defend the Chief Justice as a person; we defend the office and the principle it represents.”
Nomane added that acting Public Prosecutor Helen Roalakona should request the Supreme Court to interpret and provide clarity on such an important constitutional matter.
