The recommendation of the Leadership Tribunal consisting of Justices Derek Hartshorn, Martin Ipang and Sir Kina Bona dated Dec 15,2016 has been temporarily halted pending the substantive review.
Justice Harold Terrence Foulds on Tuesday granted leave for Konivaro to file for a judicial review against the recommendation of the Tribunal.
The National Court was satisfied Konivaro had sufficient interest, filed his case within a reasonable time, had an arguable case and exhausted all remedies at the time his application was filed.
The suspended Clerk’s lawyers will now have seven days to file the judicial review.
He was appointed clerk in 2013 for a term of six years. One-year-four-months on, he was suspended from office on administrative grounds, pending the outcome of the leadership tribunal.
On Sept 22, 2016, the Leadership Tribunal convicted Konivaro for misconduct in office. He was found guilty of approving and entering into a K2.9 million contract with a consultant without authority.
He was also found guilty of failing to distribute public funds totalling K25,000 and for approving an organisation and management structure in the Parliamentary services without authority. This amounted to misbehaviour under Section 7(b) of the Organic Law on the Guarantee of Rights and Independence of Constitutional office holders.
Submissions were done to the tribunal on what it should recommend as his penalty. His sentence was handed down on Dec 15,2016 where the tribunal recommended he be dismissed from office as per his statutory appointment.
A stay order is now in place against this recommendation to the NEC.
Picture source: http://www.parliament.gov.pg/about/clerk