Papua New Guinea’s Constitution of 1975 with Amendments through 2016

Judicial Independence

 
Article 157. Except to the extent that this Constitution specifically provides otherwise, neither the Minister responsible for the National Justice Administration nor any other person or authority (other than the Parliament through legislation) outside the National Judicial System has any power to give directions to any court, or to a member of any court, within that System in respect of the exercise of judicial powers or functions. Subdivision B.
 

Judicial Council or Parallel Institution

 
Article 170. 1. An office of Deputy Chief Justice of Papua New Guinea is hereby established. 2. The Deputy Chief Justice and the other Judges of the National Court (other than the Chief Justice) and acting Judges shall be appointed by the Judicial and Legal Services Commission. 3. No appointment of an acting Judge shall continue for a period of more than 12 months, but one extension for a period of not more than 12 months may be granted by the Judicial and Legal Services Commission. 4. The question, whether the occasion for the appointment of acting Judge has arisen or has ceased, is non-justiciable.
 
Article 183. 1. A Judicial and Legal Services Commission is hereby established. 2. Subject to Subsection (3), the Commission consists of a. the Minister responsible for the National Justice Administration, or a person nominated by him, who is the Chairman; and b. the Chief Justice; and c. the Deputy Chief Justice; and d. the Chief Ombudsman; and e. a member of the Parliament appointed by the Parliament. 3. When the Commission is considering a matter relating to the appointment or removal from office of a member of the Magisterial Service, or any other matter relating to the Magisterial Service prescribed for the purposes of this subsection by or under an Act of the Parliament, the Chief Magistrate is (except in a matter involving himself) an additional member of the Commission. 4. The Commission is not subject to direction or control by any person or authority. 5. An Organic Law may make further provision in respect of the constitution, powers, functions, duties and responsibilities of the Commission, and for guaranteeing its independence.
 

Attorney General’s Office

 
Article 176. 1. Offices of Public Prosecutor and Public Solicitor are hereby established. 2. The Public Prosecutor and the Public Solicitor shall be appointed by the Judicial and Legal Services Commission. 3. Subject to this Constitution: a. in the performance of his functions under this Constitution the Public Prosecutor is not subject to direction or control by any person or authority; but b. nothing in Paragraph (a) prevents the Head of State, acting with, and in accordance with, the advice of the National Executive Council, giving a direction to the Public Prosecutor on any matter that might prejudice the security, defence or international relations of Papua New Guinea (including Papua New Guinea’s relations with the Government of any other country or with any international organization). […]