SO DOES THE REFERRAL OF PRIME MINISTER MEAN HE IS AUTOMATICALLY SUSPENDED??
By BRYAN KRAMER Short answer is NO . So why? The Supreme Court in the case Grand Chief Somare vs Chief Ombudsman Commission ruled a leader who is referred to a leadership tribunal is automatically suspended from duty from the date of his referral. In other words the exact time and date the Public Prosecutor writes to the Chief Justice requesting him to appoint the tribunal. This decision is based on Section 28(1) of Constitution "Where a matter has been referred to a tribunal the person alleged to have committed misconduct in office is suspended from duty." However in the cases of the Governor General, Chief Justice and Prime Minister they may only be suspended by decision of the Leadership Tribunal. This is because of the importance of the office they occupy. The Constitution Section 94 that relates to the GG, Section 182 relates to CJ and Section 142(6) the Prime Minister states that they "may be" suspended pending an investigation