David Wakias will remain as Southern Highlands Provincial Election Manager as per the Waigani National Court’s judicial review decision of March 17.
The Supreme Court this afternoon refused to temporary halt his re-instatement after Jacob Kurap took the matter to the high court.
Kurap was appointed in November 2014 but his appointment was found illegal by the National Court.
Justice Derek Hartshorn who heard the application on Wednesday morning as a Single Supreme Court judge, refused to grant the stay application this afternoon.
On March 17, The National Court ruled that PNG Electoral Commissioner Patilias Gamato’s decision to appoint Jacob Kurap as the Southern Highlands provincial election manager on 4 Nov 2014 was illegal.
Justice Collin Makail upheld Wakias' judicial review because the court was of the view that Kurap was appointed without applying for the position, regardless of an earlier application which was unsuccessful.
Court also said that his appointment was only to act in the position pending appointment of a permanent officer.
But Kurap’s lawyer, McRonald Nale on Wednesday asked the court to stay the lower court’s decision on the ground that since his appointment in 2014, he has worked closely with Joe Kaiyo, the Chairman of the Provincial Election Steering Committee (PESC) and Gamato to deliver a free and fair election in the Southern Highlands.
Nale told the court that Southern Highlands is a volatile province and the court’s decision on March 17 has already sparked tensions which have the potential to disrupt the elections.
He also submitted that the court cannot be used by Wakias to sanction a vigilante election operation totally in isolation from Gamato and the PESC because their working relationship has gone sour.
He also added that Wakias' appointment was to the position of election manager and not specifically to the Southern Highlands Province and he can be relocated at any time as per clause 16 of his contract.
Wakias' lawyer rebutted saying the order of the National Court on March 17 has been given effect to and the interest of election should be given paramount consideration.
He said any stay by the Supreme Court will affect the office that is mandated to run elections thus the stay should be refused.
The Supreme Court today ruled in favour of Wakias.