By SAM BASIL, MP for Bulolo

The Prime Minister published the names of the national ministers 
constituting the National Executive Council and their respective 
responsibilities in the National Gazette on Thursday 3rd March 2011,
 National Gazette No. G57 of 2011.

Schedule 30 provides that Patrick
 Pruaitch is the Minister for State Assisting the Prime Minister.
 This is in direct contempt of the orders of the Supreme Court in the
 case of Pruaitch v Manek [2010] PGSC 7;SCl052 (31 May 2010) where the
 Supreme Court declared that Pruaitch was automatically suspended
 when the charges were served on the Tribunal.
 The highest Court of the land constituting Kirriwom J, Gavan-Nanu and
Davani JJ declared that Pruaitch was suspended forthwith.


How could the PM then appoint him to be a minister in his cabinet? 
The Tribunal is yet to hear the case against Mr. Pruaitch and as far 
as I can recall, there is no court order setting aside the Supreme 
Court Orders. 
Until the Tribunal finally determines the allegations and unless a 
five-man bench of the Supreme Court overturns the decision of the 
Supreme Court in the above case, the orders are still effective.
 Any action in derogation of that decision is clearly contempt. 
The appointment and publication in the National Gazette is a clear 
case for contempt on the face of court.
 This is a clear disrespect of the court orders and so I urge the 
registrar of the National and Supreme Court or the Chief Justice to
 cite the Prime Minister Sir Michael Thomas Somare for contempt.


If the PM can act in contempt of the decision of the highest court in 
the land then what future is there for this country?


This is not the first time the PM had interfered with and defeated the
 course of justice.


In 1979, Nahau Rooney, who was then the Minister for Justice was 
imprisoned for interfering with the judiciary citing her for contempt. 
Sir Michael was the Prime Minister at that time and released her on 
license after she had served one day of her sentence which prompted 
the mass resignation of five judges including the Chief Justice.


This was the first ever constitutional crisis only four years after 
Independence. 
I do not know whether the same can be done today. 
If the judiciary is adamant to protect its independence and most 
importantly, its orders, I suggest the judges should resign.


If the PM cannot obey the orders, what good is there for the
 judiciary to hold on?
 The judiciary is seen as the last beacon of hope.
 People do not want to accept the decisions of the National Parliament
 and the executive government and are always going to court and when 
such a decision is
 handed down, they accept it.
 However, with such disrespect at the highest level, it destroys everything 
that the Judiciary holds on for.
 The damage this veteran MP and PM has done so far is far too great