03/08/2026
‼️GOVT POWERS RESTORED: SUPREME COURT UPHOLDS EXECUTIVE AUTHORITY‼️
Port Vila, Vanuatu – August 3, 2026 –The Government today marks an important milestone in the restoration of the powers of the Executive with a landmark ruling delivered this morning by the Vanuatu Supreme Court in the matter between the Vanuatu Public Service Commission (PSC) and the Government, naming Prime Minister Hon. Jotham Napat and Deputy Prime Minister Hon. Johnny Koanapo Rasou.
On 29 January 2026, the Deputy Prime Minister and Minister for Finance and Economic Management, Hon. Johnny Koanapo, acting on a decision of the Council of Ministers, which had revoked a previous COM decision of 2017, transferred the fleet and housing functions back to line Ministries.
The COM also approved the formal assignment of the Government Housing Portfolio to the Architects Unit of the Ministry of Infrastructure and Public Utilities.
The Public Service Commission challenged that decision.
Lawyers from the Office of the Attorney General, acting on behalf of Government, filed an application to strike out the PSC’s claim in its entirety on two grounds:
1. That the PSC failed to comply with Section 6 of the State Proceedings Act to provide notice of intention to commence proceedings against the Government; and
2. That the PSC Board members had no legal standing, as the PSC is a constitutional entity of the Government as defined by law.
The PSC opposed both grounds, arguing that as a constitutional body its functions are independent of the Executive and that the Government had no authority to act.
At the heart of the matter was a key constitutional question: Does the Prime Minister and the Executive have the same administrative powers?
The PSC has argued since the formation of this Government that the Executive cannot direct or make decisions affecting the PSC. It further argued that under Section 9(4) of the PSC Act, read with Article 60 of the Constitution, no Minister, including the Prime Minister, can “delay, inhibit, restrict, affect, hinder, obstruct, impede or hamper” the functions of the PSC.
That argument was rejected this morning.
In her ruling, Justice Beverleigh K. Joshua found that employment issues relate specifically to the hiring of staff, their contractual duties and responsibilities, discipline, suspension and termination.
“Without the fleet/housing functions services can still be provided...,” the Judge stated.
“Therefore I find that the two functions are not ‘employment issues’ per se...”
On that basis, Her Honour upheld both grounds of the Government’s strikeout application and ruled that the PSC Board and its members do not have legal standing to bring the claim.
This decision affirms the constitutional authority of the Council of Ministers (COM) and the Executive to direct policy and to assign government functions to line Ministries for better service delivery.
Prime Minister Hon. Napat welcomed the ruling, stating:
“This Government was elected to govern and to make decisions in the best interest of our people. This ruling confirms that the Executive has both the responsibility and the power to do so. We are slowly but surely restoring the proper balance and authority of Government.”
Deputy Prime Minister Hon. Koanapo Rasou said the transfer of fleet and housing functions was always about efficiency and accountability.
“These are service delivery functions. They belong with the Ministries that build, maintain and manage them. The Court has now confirmed that.”
The Office of the Prime Minister calls on all public institutions to respect the separation of powers and to work with the Executive to deliver services to the people of Vanuatu.
Ends/…
