State files motion to dismiss IBS case

The State will be asking the Waigani National Court to dismiss the case that was filed by the Institute of Business Studies over its status as a university.

The case briefly went to court on Friday but was adjourned to January 26 for hearing of the state’s motion.

The temporary interim orders against Secretary of the Department of Higher Education, Research, Science and Technology (DHERST), Fr Jan Czuba, will remain in force until the case returns to court.

Justice Derek Hartshon, in adjourning the case, told parties that if they are to file any further motions, it must be done so, with three days clear, before January 26.

In the meantime, the interim orders restraining Fr Jan from taking further administrative steps under the Higher Education (General Provisions) Act 2014 to cause any further delay in IBS registration as a university remains.

He is also to cooperate with the IBS administration to ensure there is a smooth start of the 2018 academic year, amongst other orders, pending the inter-parte hearing of the substantive notice of motion filed by IBS.

Following the orders of January 4, Fr Jan issued a media statement that the department maintains its position that IBS is not a university.

He said the requisite legal procedures and processes, leading up to the creation of universities, were not complied with by IBS and that the National Executive Council was misled on the 4th of December 2016.

That university status remains subject to legal proceedings. 

(IBS founder and chairman, Mick Nades, at the courthouse on Friday) 

Sally Pokiton