Lawyers for PNG’s Electoral Commissioner, Patilias Gamato, this morning were allowed by the Supreme court to discontinue an appeal they filed earlier against a National Court decision.
This now confirms that David Wakias will remain as Southern Highlands Provincial Election Manager as per the Waigani National Court’s judicial review decision of March 17, and the Electoral Commission will no longer challenge it in the Supreme Court.
Electoral Commission's lawyer was granted leave by Justice Collin Makail during the Supreme Court directions hearing.
Gamato's lawyers were ordered to file notices of discontinuance within the next 7 days.
This appeal was filed by Gamato and the Electoral Commission challenging the National Court decision of 17 March.
On 17 March, the National Court ruled that Gamato’s decision to appoint Jacob Kurap as the Southern Highlands provincial election manager on 4 Nov 2014 was illegal.
Justice Makail, as trial judge, upheld Wakias' judicial review because the court was of the view that Kurap was appointed without applying for the position, regardless of an earlier application which was unsuccessful.
Court also said his appointment was only to act in the position pending appointment of a permanent officer.
That decision of 17 March and orders issued that day has been given effect to by the Electoral Commission.
Kurap challenged that decision with an application seeking leave to appeal it in the Supreme Court last month.
However, on 6 April, Justice Derek Hartshorn, who heard the application the previous day as a Single Supreme Court judge, refused to grant order to stay the National Court decision.