UPNG seeks to set aside stay order

The University of Papua New Guinea has filed a motion before the National Court seeking to set aside orders that were issued on Sept 23, which temporarily stayed the students’ permanent exclusion.

UPNG’s lawyer Darrel Kamen appeared before Justice Collin Makail today to move that motion however the hearing was adjourned to Oct 20.

Kamen attempted to move that motion today saying the students did not exhaust all available administrative remedies before running to the National Court.

He told the court that the UPNG Appeals Committee will convene on Thursday and deliberate on the appeals filed by the students.

Justice Makail asked him if the students were made aware of tomorrow’s meet but Kamen could not produce any evidence before the court in writing or through affidavits submitted in court today that belonged to Dr. Mange Matui and the University’s Registrar Jennifer Popat.

Dr Mange Matui is the Acting Pro Vice Chancellor, Academic & Student Affairs of the University of PNG.

The students’ lawyer, Ramsy Pariwa told the court he was not instructed of any date of response from the council. The students were not made aware of this either.

The court told both Kamen and Pariwa to communicate with each other and return to the court on Oct 20.

Meanwhile the interim stay issued by the Waigani National Court against the permanent exclusion of seven UPNG Student leaders on Sept 23 remains.

The stay applies to Livai Kuaken, Arthur Amos, Jamie Sali, Herculas Jim, Alois Kaluwe, Chris Kipalan and Steward Thoke.

UPNG’s administration was restrained by the court from implementing its decision on Aug 29, which is the permanent exclusion of the students.

These orders were issued by Justice Leka Nablu on Sept 23 after she allowed or granted leave for a judicial review to be conducted.

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 1st and 2nd  was due for a response after 21 days. That 21 days period was due on 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 favor.

(Picture: The students and their lawyer, Ramsy Pariwa on Sept 23 after the court stayed their permanent exclusion.)



Sally Pokiton