CHIEF Secretary to Government Ivan Pomaleu says the National Executive Council (NEC) is taking a careful and considered approach to a constitutional matter involving the Chief Justice Sir Gibbs Salika, stressing that the Government must fully understand the legal implications before making any decisions.
Mr. Pomaleu explained that the NEC sought advice from the State Solicitor after the Ombudsman Commission referred the Chief Justice to the council under Section 29(2) of the Constitution. The referral followed a leadership tribunal process in which the Public Prosecutor decided not to proceed with the case.
He said the situation has raised important questions about how the Leadership Code should be interpreted and how the powers of various constitutional bodies should be applied.
“This is a matter of national significance. It involves the Head of the Judiciary and the Constitutional Governance Framework of the Independent State of Papua New Guinea,” Mr. Pomaleu said.
Given the importance of the issue, he said the Prime Minister and NEC need clear legal advice to understand all constitutional and legal implications before deciding on the next steps.
Mr. Pomaleu emphasized that seeking advice from the State Solicitor is a normal administrative process and should not be viewed as interference in the matter. Rather, it is intended to help the NEC make informed decisions while respecting the independent roles of the Ombudsman Commission, the Public Prosecutor, and the Judiciary.
He added that the State Solicitor has been asked to provide advice as quickly as possible due to the significance of the matter.
The Chief Secretary said his office has a duty to ensure Cabinet is equipped with all relevant information, including legal guidance, so that it can independently consider issues of national importance.
The clarification comes as public attention remains focused on the constitutional processes surrounding the referral and the roles of Papua New Guinea’s key oversight institutions.