By CHRISTOPHER YANDAWAI
THE Department of Higher Education, Research, Science and Technology (DHERST) is currently facing issue of leadership tussle; therefore, the National Executive Council (NEC) needs to intervene and resolve it immediately.
This issue came about when the National Court on 28th February 2023 ruled that the former Secretary for the DHERST, Fr. Jan Czuba be reinstated to his substantive position as Secretary for the Department.
The court made the ruling after it found that natural justice was not given to Fr. Jan when he was suspended and eventually removed by the NEC in 2022.
The court also found that his removal was illegal according to the Constitution and the Public Service Management Act.
Following the court decision, Fr. Jan walked into the DHERST Office on Monday 13th March 2023 and Minister Polye called both FR. Jan and Acting Secretary for the DHERST, Dr. Francis Hualupmomi into his (Polye’s) office to facilitate a brief handover takeover ceremony.
It is understood the ceremony went well without any misunderstanding or hiccups between the two parties, as Dr. Francis who has been acting on the position for almost two years accepted the transition process in good faith thus vacated the office peacefully.
Fr. Jan then officially resumed office the same day, however, Sunday Bulletin was reliably informed that proper administrative processes were not followed in the manner in which Fr. Jan was allowed to resume office.
According to Dr. Francis’s Lawyer Gibson Bon of Gibson Bon Lawyers, there are still some serious outstanding legal issues surrounding the reinstatement of the former Secretary, thus the resuming of office since Monday.
“Our client is the Acting Secretary of the DHERST appointed by the NEC on the 12th May, 2021 by its Decision No. 80 of 2021 and gazette,” Lawyer Bon said.
He said Dr Francis was appointed following the same NEC decision to suspend Fr. Jan as the incumbent Secretary on allegation of maladministration and for an investigation to be conducted by the Department of Personnel Management.
“Fr. Jan challenged the suspension of him as Secretary for the DHERST and our client’s appointment as Acting Secretary for DHERST in the National Court Proceeding styled OS JR No. 69 of 2021 Fr Jan Cuba v. State & Hon. Wesley Raminai & Others. This proceeding is now pending decision of the National Court,” Mr. Bon said.
He said whilst Fr. Jan’s suspension was before the Court for determination, the NEC upon advice from the State Solicitor and DPM based on his (Fr. Jan’s) ineligibility to be appointed as Secretary for DHERST in the first instance, since under Article 67 of the Vienna Convention on Consular Relations (VCCR) 1963 it prohibited Honorary Consulars from being appointed to public service in a receiving Country, terminated Fr. Jan’s employment as Secretary of DHERST and further decided on the continuation of Acting Appointment until a permanent Secretary was appointed.
However, Mr. Bon explains that Fr. Jan filed a separate National Court Proceeding styled OS JR No. 48 of 2022- Fr. Zan Zcuba v. Hon. Wesley Raminai & others challenging the NEC decision on his termination and the decision to continue Dr. Francis’s acting appointment.
“The National Court on 28th February, 2023 delivered its decision and found NEC did not follow the procedure for termination of his employment under the relevant laws. However, the Court importantly did not consider the eligibility issue which gave rise to the termination of Fr. Jan’s employment contract.
Given this situation, and by virtue of NEC on the 12th May, 2021 by its Decision No. 80 of 2021 and gazette, our client remains the Acting Secretary of the DHERST and Fr. Jan remain suspended pending the outcome of his initial suspension case that is still live and on foot,” Mr. Bon said.
He said: “Technically, there are two secretaries for the DHERST at the moment. In the interest of department and its relevant stakeholders including students nationwide, it is imperative that NEC intervenes and resolve this issue”.
Dr. Hualupmomi also said that his Acting appointment was made by the NEC, however, he has not received any advice in writing form from the DPM upon advice from the NEC to allow for formal administrative process to follow prior to Fr. Jan resuming office.
“This issue is affecting the staff and entire operation of the Higher Education sector; therefore, NEC needs to intervene and resolve this issue immediately,” Dr. Hualupmomi said.
Dr. Hualupmomi further added that he is fighting for the integrity of the appointment process as there are still outstanding legal issues to be sorted out before Fr. Jan takes office.
Meanwhile, it is understood Fr Jan’s contract term in office will expire on April 16th, 2023; about 14 days from now.
Photo: DHERST Acting Secretary Dr. Francis Hualupmomi (right) and his Lawyer Gibson Bon of Gibson Bon Lawyers today during press conference.
