The Minister for Justice and Attorney General Pila Niningi has finally provided in detail answers to questions and issues surrounding the appointment of Papua New Guinea's first Kings Counsel in Parliament recently.
It’s anticipated that the response clarifies questions raised on 27th of November, 2O25 by the Member for Sinasina Yongomugl Kerenga Kua claiming that the Attorney General single-handedly made the appointment.
In his questions, Minister Niningi was asked to admit whether he “created a scandal, made a mockery of the laws and especially the Lawyers Act which he should uphold and maintain.”
However, Pila Niningi in his responses refuted the claim saying, it was not the Attorney-General who made the appointments of King's Counsel.
Niningi said the power to appoint legal practitioners as the King's Counsel is the prerogative right of the Sovereign's representative, the Governor General, per the advice of the Attorney-General, exercising powers under the underlying law recognized by the Constitution, the Attorney General Act 1989, and other related laws of Papua New Guinea.
The Attorney General says the appointment has recently been confirmed by Buckingham Palace and the Assistant Private Secretary to His Majesty, King Charles Ill, Dr Nathan Ross, congratulated the Governor-General on the new appointments.
He explained that the power to appoint a King's Counsel is not contained in the Lawyers Act 1986, but rather is the prerogative right of the Governor-General as the King's representative as recognized by the underlying law.
Furthermore, he says, the office of King's Counsel is not a "professional award" but rather is an office conferred on lawyers in the jurisdiction by the Governor-General as the King's representative on the advice of the Attorney-General.
Importantly, there is nothing in the Lawyers Act 1986, or any other reason in point of legal principle, legal practice, or custom, that precludes the appointments of King's Counsel in Papua New Guinea.
To the contrary, Pili Niningi said the first appointments of Papua New Guinea's King's Counsel are an appropriate recognition of outstanding service to the law and legal practice in PNG. It is an important development for the legal profession and one that, after 50 years of independence, is appropriate and timely.
Kerenga Kua in one of his series of questions also questioned the Attorney-General if he had involved the judiciary in his selection of the candidates because the judiciary has the most visibility on the ability of lawyers appearing in the courtrooms.
The Attorney General clearly stated that a wider consultation was conducted throughout Papua New Guinea and overseas on his decision to recommend appointments of King's Counsel.
He said it is not appropriate to disclose what occurred during the course of such consultations, which ought to remain confidential. That is consistent with the practice and protocol in other jurisdictions which appoint King's Counsel.
Moreover, Pilia Niningi says according to s.86(4) of the Constitution, the question of what, if any, advice was given to the Head of State, or by whom, is non-justiciable.
Prime Minister: King's Counsel appointment in order
Meantime, Prime Minister James Marape recently said, there is no harm in establishing a King's Counsel in the country as other Commonwealth countries do have King's Counsel and even smaller Island nations.
The prime minister said what matters is the process involved in appointing the KCs, therefore if the process is in order, it’s good to have them in our community.
James Marape said these in response to questions surrounding the appointment of KC's.
Those that openly oppose the appointment include the PNG Law Society, and a few Senior Layers, including the MP for Sinesine Youngomulg Kerenga Kua among others.
They claimed that PNG is not yet ready to have a King's Counsel, adding there is no policies or structures to guide its operation in PNG's Jurisdiction.
But the Attorney General remains adamant, that upholding the rule of law also means recognizing and developing those traditions, systems and aspirations that have contributed to its success in other jurisdictions.
He said having successfully adopted the underlying law in PNG, the appointments of first King's Counsel are a strong vindication of the country's independence coming now to its 50th anniversary of nationhood, the maturity of our legal system and our equality amongst the other Commonwealth countries which have long made such appointments.
Minister for Justice and Attorney General Pila Niningi concluded his responses by congratulating each of the new King's Counsel on their achievement and saying he looks forward to their further contributions to law and legal practice in this country.
Meantime, Governor for Morobe Luther Wenge, and former longest-serving PNG's Foreign Affairs Minister Rimbink Pato are amongst the first 6 PNG's Kings Council appointees.
The Attorney General's response is available at the National Parliament's Hansard- (record of Parliamentary proceedings), as a matter of public record and can be accessed by all leaders, concern parties and the general public.