FIJI GLOBAL NEWS

Beyond the headline

Papua New Guinea’s Prime Minister James Marape has ordered an urgent review after Chief Justice Sir Gibbs Salika was referred to the Ombudsman Commission and the matter sent to the Public Prosecutor — a development Marape described as “unprecedented territory” with serious constitutional implications.

Marape said the referral of the head of the judiciary was “not a light matter” and directed Chief Secretary Ivan Pomaleu to convene an urgent meeting of senior officials to examine the situation and ensure the integrity of the judiciary and constitutional processes are fully respected. Details of the alleged conduct prompting the referral were not disclosed in Marape’s statement.

The referral to the Public Prosecutor does not amount to charges. Officials confirmed no charges have been laid under the Leadership Code, the statutory framework that governs alleged misconduct by public office holders. The distinction between referral and formal charges leaves the matter at an early procedural stage, with potential legal and constitutional consequences if the Ombudsman or the Public Prosecutor decides to proceed.

Justice Minister and Attorney-General Pila Niningi sought to calm immediate concerns about the functioning of the courts, saying the administrative operations and day-to-day functions of the judiciary will continue “as normally as possible.” “The constitutional process shall take its course, and all the administrative operations and functions shall continue as usual,” Niningi said, indicating an effort to preserve institutional stability while the referral is reviewed.

The Prime Minister’s characterization of the move as unprecedented reflects the rarity and sensitivity of initiating oversight processes involving a sitting chief justice. The Ombudsman Commission in PNG has authority to investigate alleged breaches of ethics and the Leadership Code and can refer matters to the Public Prosecutor for potential prosecution; how those mechanisms apply when the subject is the judiciary’s highest officer raises complex questions about separation of powers and judicial independence.

Marape’s instruction to Pomaleu signals that the government intends to coordinate a cross‑institutional response, but the scope and timing of the planned meeting were not disclosed. It also remains unclear whether Sir Gibbs Salika or the judiciary’s administrative office have issued any public response to the referrals.

The referral marks a significant new chapter in the oversight of public officials in Papua New Guinea. The next steps — whether the Ombudsman Commission opens a formal investigation, whether the Public Prosecutor decides to file charges, and how the judiciary responds — will be closely watched for their legal and constitutional ramifications.


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