Kiponge should have stepped down – Nat Court
toksavebot
Managing Director of the National Airports Corporation(NAC) Rex Kiponge should have stepped down from the role of Managing Director when he became aware of the decision of the Director of Civil Aviation Safety Authority (CASA) in relation to the Fit and Proper Person test.
That’s the opinion of the National Court on Tuesday when dismissing an appeal by NAC challenging Civil Aviation Authority decision not renew or extend the Aerodrome Operating Certificate (ADOC) for both Nadzab and Kiunga Airports based on the Fit and Proper Person Test.
Acting Judge of the National Court Gertrude Tamade made this remarks when determining that NAC does not have standing to lodge an appeal on an “adverse decision” within the meaning of the CAA as it is the affected document holder and not the person affected.
“An adverse decision under section 51(I) of the CAA refers to the decision of the Director in regard to a person not being a fit and proper person within the meaning of the Act.
“NAC cannot be a ‘person’ for the purpose of the Fit and Proper Person test.” Justice Tamade said: “The decision not to renew the ADOCs for Nadzab and Kiunga based on the Fit and Proper Person Test, effectively suspends his duties as managing director of NAC in my respectful view.
“If he was aggrieved by the adverse decision as he clearly is, he was within his right to lodge an appeal under his own name as the decision goes to his personal competency and credibility and or he should remain out of office until he passes the Fit and Proper Person Test and gets the clearance from the director of CASA.
“The duties of CASA should not be held at ransom or at whim by the conduct of busy bodies. CASA is mandated to regulate the aviation safety in PNG and that duty comes with a high level of ensuring compliance and safety standards in the industry.”
Meanwhile, Mr Kiponge in a statement straight after the decision said: “As the incumbent managing director and NAC chief executive officer, I have passed the Fit and Proper Persons Test on 6 May, 2022 after keeping the result for over 11 months from June 21, 2021 at CASA head office.
“Since starting the appeal, the FPP of senior persons responsible for the Nadzab and Kiunga aerodromes have passed the Fit and Proper Persons Test.”