HOUSING MINISTER RESPONDS TO A MEDIA REPORT ON THE REINSTATEMENT OF FORMER NHC MD ELIZABETH BOWADA
This is a Press Statement in response to the article headed “Bowada reinstated” in today’s edition of the National Newspaper.
It must be clearly understood that Ms. Bowada’s acting appointment as Managing Director for NHC expired on 1st August 2020. There were no subsequent acting appointment made by NEC for Ms. Bowada to continue as Acting Managing Director.
At the time when Mr. Mokono was appointed as Managing Director for NHC, there was no lawfully appointed as Acing Managing Director.
Ms. Bowada merely continued and held herself out as Acting Managing Director up to the time of appointment of Mr. Mokono.
Hence, Ms. Bowada challenged the appointment of Mr. Mokono in the National Court on the basis that his appointment should have been initiated by the NHC Board, rather then by the Department of Personnel Management in accordance with the Regulatory Statutory Authorities (Appointment to Certain Offices) Act 2004 (“RSA”).
In Mr. Mokono’s case, his appointment was initiated by the Department of Personnel Management under Section 13 of the RSA on the basis that there was a Board but it was considered dysfunction because four of the directors including chairman were dismissed by the Head of State. Therefore, no one would convene the Board meeting.
However, the National Court found that the directors remaining on the Board even though reduced to 4 or 5 was above the quorum of 3 members required to constitute a meeting of the Board hence, capable to meet to initiate the appointment process. Therefore, Section 13 of the RSA was not applicable. Hence, the initiation of the appointment process by Department of Personnel Management was unlawful in the circumstances.
Therefore, the National Court quashed the appointment of the Mr. Mokono. Mr. Mokono appealed to the Supreme Court against the National Court decision.
On Thursday, 30th November 2023 the Supreme Court dismissed the appeal by Mr. Mokono and confirmed the National Court decision invalidating Mr. Mokono’s appointment as Managing Director for reasons given by the National Court..
It must be stated clearly that the National Court and Supreme Court did not reinstate Ms. Bowada for the simple reason that her appointment by the Head of State upon recommendation of the National Executive Council expired long time on 1st August 2020. She cannot be reinstated because she has no appointment from the appointing authority.
This situation remained the same. Now the Government has already appointed an Acting Managing Director, Mr. Tol and he is in charge of NHC and reports to the new NHC Board.
The new Board and Management of Mr. Tol are now working hard on improving governance of NHC to make sure that it serves the people of PNG as mandated by law. They have initiated for the first time the National Housing Policy and working towards centralizing overall Public Service Housing Scheme.
The newspaper, must get the correct and true facts out to the people. Not sensationalizing by stating such (“Bowada reinstated”) as was done and creating anxiety in the organization and the minds of the public.
Thank you.
Authorized by:
Hon. Dr. Kobby Bomareo
Minister for Housing
