COURT POINTS OUT SHORTCOMINGS ON KIPONGE’S SUSPENSION

NATIONAL Court has rejected suspended National Airports Corporation (NAC) managing director Rex Kiponge’s application to review the decision on his suspension.

COURT POINTS OUT SHORTCOMINGS ON KIPONGE'S SUSPENSION

The National Main Stories, December 19, 2022.
By BEVERLY PETER

NATIONAL Court has rejected suspended National Airports Corporation (NAC) managing director Rex Kiponge’s application to review the decision on his suspension.
Deputy Chief Justice Ambeng Kandakasi said NAC had declared that it was a private entity and not a public authority open for judicial review.
“Kiponge was employed under contract employment and he was only suspended and not terminated which means his contract is still in existence,” Justice Kandakasi said.
“NAC is a company registered under the Company Act and is not a public authority open for judicial review. If there is a change in the registration that NAC is a public entity, then the counsels must provide evidence to show.”
Kiponge sought to review the National Executive Council decision of Dec 5, and published gazettal notice on Dec 7.
The decision to suspend Kiponge — pursuant to the amended Civil Aviation Act 2022 — was passed by Parliament on Dec 2.
Counsel Noel Ako representing Kiponge said the Act provided that the minister could suspend the NAC managing director and appoint a senior person within NAC to act in the next three months.
Ako said Civil Aviation Minister Walter Schnaubelt did not follow the Act by appointing a senior person as the acting managing director.
“Joseph Tupiri was a person outside NAC,” he added.
Ako said Kiponge was also denied natural justice because Schnaubelt did not give him an advanced notice to inform him of the decision.
Justice Kandakasi said Kiponge may have an arguable case as far as the process to suspend and appointing the managing director.
“But does he have standing to come by way of judicial review and the legal foundation for the court to rely on?” he asked.
Counsel Dan Kakaraya, also representing Kiponge, said Kiponge had standing to make the application because his contract of employment was affected by the Act.
“Acting on the amended Act nullifies and voids Kiponge’s employment contract,” he said.
Justice Kandakasi said: “The Act has already been passed and rightly or wrongly it is a law.” He said the counsels did not provide any case law to support their case and dismissed the proceeding.
He said there were cases in which the court had already determined that private entities were not open for judicial review.
He added that Kiponge’s employment contract could only be affected after the determination of his suspension.
“Until then, his contract still remains and he is still employed by NAC,” he said.
He further added that the counsels did not provide any case law to support their case and dismissed the proceeding.