MEMBER for Sinasina-Yongomugl, Hon. Kerenga Kua has questioned the Attorney General and Minister for Justice Hon Pila Niningi, on the legal framework governing the practice of law and the recent appointment of King’s Counsels (KC).
Kua raised concerns about the application and interpretation of the Lawyers Act, stating its supremacy over common law pronouncements on legal practice.
He sought clarification on whether the Act overrides common law precedents regarding the licensing and professional recognition of lawyers in PNG.
Regading the Legal Framework for Practice, Kua queried if the Lawyers Act is the sole legislation governing the legal practice in PNG, implicitly questioning the Attorney General’s adherence to its provisions.
He highlighted that the Lawyers Act does not distinguish between solicitors and barristers, suggesting it mandates a merged profession under the term “lawyer.”
Kua challenged the legality of the KC appointments, asserting that PNG lacks a formal Bar system to justify such designations.
He argued that the Lawyers Act provides no legal basis for the KC system, framing it as a professional award rather than a civil honor.
He accused the Attorney General of failing to consult the Judiciary and the PNG Law Society (PNGLS), bodies he argued possess critical oversight and expertise in legal practice and licensing.
Kua warned that the absence of proper legal grounding for the appointments could allow future Attorney Generals to revoke them, questioning the permanence and legitimacy of the current appointments.
Kua added by accusing the Attorney General of breaching the Lawyers Act, stating that the actions taken undermine the very laws the office is mandated to uphold.
Kua’s interrogation underscores a broader debate over legal governance in PNG, particularly the mechanisms for recognizing legal expertise and upholding the rule of law.
His questions suggest potential legal and procedural vulnerabilities in the Attorney General’s recent decisions, raising concerns about the integrity of the country’s legal profession.
The Attorney General has yet to respond publicly but has requested time to answer the questions, asking Kua to formally submit them for a detailed response.
