A full bench Supreme Court has ruled that the organic law on the guarantee of the rights and independence of constitutional office holders is unconstitutional.
The ruling follows Sir Makeno Geno’s application seeking the Court’s interpretation on this act pursuant to section 223 of the Constitution.
Section 223 of the Constitution talks about the creation of the organic law on the guarantee of the rights and independence of a constitutional office holder when he or she retires.
Sir Makeno had sought interpretation of the validity of this act, claiming the act doesn’t provide for a reasonable pension after a long service.
Sir Makeno was the first national to be appointed the Auditor General and served for three terms. He retired at the age of 49.
As a constitutional office holder, he was entitled to a pension but his pension ceased after 12 years because he was less than 50 years old.
He was told that if he was 50 years old and over, he would have received a lifetime of pension.
The five bench Supreme Court however, found that the organic law indeed doesn’t comply with section 223 of the Constitution, which says that constitutional office holders who retire are entitled to adequate and suitable pensions or other retirement benefits, or both.
Any conditions to be attached to such benefits can only be prescribed by an organic law.
Court rules that the existence of the act is certainly not a reasonable condition and pension should be for the lifetime of the constitutional office holder, irrespective of age.
Sir Makeno thanked the Supreme Court for this decision, saying this is for all Papua New Guineans who have committed their life in working as Constitutional Officers.
(Picture: www.iexpats.com)