An interim stay has been issued by the Waigani National Court today against the permanent exclusion of seven UPNG student leaders after they filed for a judicial review on Sept 19.
The permanent exclusion of applicants; Livai Kuaken, Arthur Amos, Jamie Sali, Hercules Jim, Alois Kaluweh, Chris Kipalan and Steward Thoke, is now temporarily stayed by the court until the matter returns on Oct 20.
Their lawyer, Ramcy Pariwa, will now have 14 days to file for judicial review and serve to respondents; Dr Mange Matui as acting pro vice-chancellor, academic & student affairs of the University of PNG, Prof Albert Mellam as vice-chancellor of University of PNG, UPNG and the State.
An inter-parte (all party) hearing is expected on Oct 20.
These orders were issued by Justice Leka Nablu this morning after she allowed, or granted leave, for a judicial review to be conducted by the court into the applicants’ permanent exclusion from studies. This was as per their respective letters dated Aug 29.
Justice Nablu said she was satisfied the students exhausted all remedies available to them, adding a decision of their appeal filed to the University council remains pending.
The appeal, filed on Sept 2, was due for a response after 21 days. That 21-day period was up yesterday, Sept 22.
Justice Nablu said the students are at liberty to withdraw their case within the next two weeks if the decision of their appeal comes out in their favour.