Leadership Code

Chief Ombudsman Michael Dick said the decision reiterates its position as an institution that will protect the constitution and promote good governance.

The reference was purposely to look at the constitutionality of the 2006 amendments to section 27(4) of the Organic Law on the Duties and Responsibilities of Leadership, relating to changes in the rules of evidence in a leadership tribunal.  

In clarifying his role in relation to handling high profile cases, Kaluwin says if a leader’s conduct amounts to committing a crime, they may be prosecuted under those two sets of laws.

“People may be high profile, others may be little men on the street, and the law applies equally to all,” he explained.

“No one is superior before the law. So when people say we treat people differently from leaders, it’s not perfectly true. Leaders have a code that is covering them (leadership code), and the criminal code that also covers leaders.

Pruaitch was seeking discovery of the Ombudsman Commission’s investigation documents in the appeal, which challenges a decision of the National Court from Dec 2014 after the lower court rejected a motion he was seeking in a civil proceeding.

This was after he became subject to investigation by the Ombudsman Commission, during his term as the Minister for Forestry from 2002-2007, regarding allegations of misconduct in office against him under the Leadership Code.  

It is also seeking the interpretation on whether strict rules of evidence should be complied with when a leader’s conduct becomes subject to a Leadership Tribunal.

The case briefly came for mention today before Supreme Court for directions.

Justice Collin Makail adjourned the matter to next week after he allowed Prime Minister Peter O’Neill and Speaker of Parliament, Theo Zurenuoc, to be joined as parties in the reference.

“The Commission notes the seriousness of these allegations and the great public interest surrounding it and urges all parties involved to follow proper channels and procedures to seek redress,” says the OC in a statement.

Acting Chief Ombudsman, Michael Dick, says like any other complaint, the OC will assess the grievance through its screening process under both the Leadership Code and the administrative complaints functions. They will then determine whether to carry out an investigation or not.