The National Court’s decision reinstating Michael Waipo as Commissioner for Correctional Service did not go down well with Bernard Nepo this afternoon.
Speaking to media outside the Waigani Court house, Nepo said the court has made a decision but the government of the day has appointed him as the commissioner.
Nepo said the court is basically there to interpret the law and it does not “have the power to appoint a person because the government of the day appoints”.
“I am a servant of the government and that legitimate government appointed me as the Commissioner, I am sure that the public know that I am the commissioner,” Nepo said despite the court ruling otherwise.
“I respect the decision of the court, it is a one-man decision by the judge but there is still the option for higher court. Even if the process has been abused, we will rectify those abuses and I will have the Minister and NEC to relook those and then have the former commissioner terminated so that I can resume office effectively,” Nepo said.
He told the media that he will still take charge of the running of prisons in the country and is confident he will still be the commissioner. He also added the appeal process is still open for him.
Meanwhile, Waipo described the National Court’s decision this afternoon as a victory for law and justice in Papua New Guinea.
“Humbly I accept the court’s decision. I am calling for respect for command and control so we stabilise the institution from the top so we enable everybody else to follow us to deliver correctional service.”
Waipo said the prisoners are the concern of the correctional service and their right to a secured and humane containment as well as rehabilitation is paramount.
Justice Collin Makail, in a ruling this afternoon, upheld the judicial review filed by Waipo reinstating him to the position he held before Feb 9 this year.
He ordered that the revocation of Waipo’s appointment on Feb 9 as Commissioner and the appointment of acting Commissioner Bernard Nepo “is of no legal effect” and quashed the NEC decision No.15/2016.
He found that reinstatement would be the appropriate remedy for the judicial review proceeding because Waipo still has two-and-a-half years to serve till his term expires in Sept 2018.
He said the office of the commissioner is a public office, established under section 8 of the Correctional Service Act of 1995, thus revocation and termination of appointments of departmental heads must be done on merit and in a transparent manner.
Waipo’s appointment to the position of commissioner was revoked in an NEC decision on Feb 9 on allegations of non-performance.
However, he was never given an opportunity to respond to, or informed via writing, of his alleged non-performance. This is a requirement which falls under section 28(3)(d) of the Public Service Management Act and Regulations.