The Supreme Court has ordered the Public Services Commission to stop advertising for and recruiting a Chief Executive Officer for the Ministry of Foreign affairs.
It has also suspended the appointment of Paula Ma’u as acting CEO of the Ministry.
The court made an interim injunction to this effect in April.
In his summary of the case, Judge Cooper said the defendants, the Minister of Foreign Affairs, the Public services Commission and Mr Ma’u, sought a review of the decision.
In February this year the Secretary for Foreign Affairs asked for leave to begin in a judicial review of the appointment, arguing that the Public Services Commission had acted outside its powers in creating the position of CEO and recruiting Ma’u.
It was also argued that the Minister had acted outside his powers by appointing a person to the role.
Chief Justice Tupou granted leave for a review.
The defendants argued that the Secretary had caused the work of other immigration section to suffer and that staff had felt bullied by the installation of CCTV cameras to monitor staff.
Senior members of staff felt excluded from work they would normally do, such as being involved in the recruitment of staff and that the work of embassies was not being properly attended to.
The Secretary argued that he had been in his role since 2019 when he weas appointed by the king.
He also said the question of Mau’s appointment rested on whether it was in line with the provisions of the Public Services Act.
He claimed that Ma’u would not be able to devote sufficient time to the role of CEO since he was also Chief Secretary and Secretary to Cabinet.
After considering a range of evidence the judge ruled that it was important to maintain the existing hierarchy within the department and to pursue channels of diplomatic engagement which had been in placer for some years.
He therefore ruled to maintain the injunction.
