​Bando still performing PA role

William Bando, who was suspended by the Hela Provincial Executive Council on April 12, is still performing the role of the Provincial Administrator, a court has been told.

The legal battle over the post of the Provincial Administrator returned to the Waigani National Court on Tuesday where submissions were made by lawyers for Bando and the Hela Provincial Executive Council.

Bando’s lawyer, Anthony Waira, moved his motion seeking interim stay orders against his client’s suspension while Hela PEC’s lawyer, Philip Ame, asked the court to dismiss the entire proceeding.

Justice Leka Nablu heard submissions and reserved her ruling to Friday.  

Bando’s lawyer told the court his client has the superior right to the position because he was appointed by NEC when moving a motion, seeking to stay the suspension dated April12.

A letter from the Department of Personnel Management secretary John Kali, dated May 18, was presented in court by Bando’s lawyer.

The letter was addressed to Kove Waiko (acting administrator) telling him that Bando was the duly elected PA for Hela and he (Kali) was not aware of any instruments or cabinet decisions suspending or revoking his (Bando's) appointment.

"As the custodian of the Public Services (Management) Act and relevant regulations, I have not facilitated any cabinet decision to suspend or revoke Bando’s appointment nor have I facilitated any cabinet decision to appoint you (Waiko) as acting PA," Kali said in his letter to Waiko.

Hela PEC’s lawyer Ame asked the court to summarily dismiss the entire proceeding for being incompetent.

Bando was suspended by the Hela Provincial Executive Council on April 12. Kove Waiko was then appointed as the acting provincial administrator.

Following his suspension, he filed a judicial review challenging his suspension. Leave was allowed by the court late last month for the court to review his suspension.

Hela PEC and its chairman, Francis Potape, and Hela Governor Kove Waiko, in response, filed another motion last week, asking the court to dismiss the proceeding filed by Bando.

Bando was suspended over allegations he refused to release payment of K7.9m and K500,000 respectively to “certain individuals” as per directions on March 3.

He was appointed as Hela PA on June 21, 2016. His term was for a period of four years.

Bando, who is also the chairman of the Hela Election Steering Committee, is challenging his suspension due to the urgency of the upcoming election.

Author: 
Sally Pokiton