THE National Court has quashed a directive by the Ombudsman Commission (OC) to revoke Starlink’s operating licence in the country.
The court upheld National Information and Communications Technology Authority’s (Nicta) judicial review this afternoon in Waigani.
National Court judge Oagile Dingake, who delivered the judgment on behalf of the presiding judge Susan Purdon-Sully, said OC’s directive to Nicta to revoke Starlink Internet Services (PNG) Ltd’s licence was “ultra vires and consequently null and void”.
“The court finds the direction an arbitrary and unconstitutional exercise of power issued without proper regard to the constitutional limits on the exercise of section 27(4) power, rendering it an excess of jurisdiction, liable to be quashed,” judge Purdon-Sully ruled.
The Ombudsman Commission on Feb 27, 2024, directed Nicta not to grant an operating network licence to Starlink.
Nicta sought judicial review which took almost two years for a decision to be made.
Nicta chief executive officer Lume Polume outside court said “the decision by the court appreciates the importance of connectivity.
“It relives the geographical constraints we face in PNG.
“This is an important milestone and with that court decision, it gives Nicta the opportunity to continue to discharge our mandate,” he said.
