Leadership Tribunal: 7 Legal Principles Established in Hon. Bryan Kramer's Case

In a recent Leadership Tribunal case involving Hon. Bryan Kramer, the Tribunal established seven (7) crucial legal principles and standards for ethical governance expected of leaders in its unanimous decision. These principles emphasize the importance of transparency, integrity, and accountability in the conduct of leaders. The following principles, obtained from the Tribunal's 56-page judgment, are significant for promoting ethical leadership in public office.

Legal Principle 1

A leader's right to be heard remains with them until death. However, the issue of the right to be heard cannot be raised at the substantive hearing, and it is belated to do so at this stage. The issue must be raised during the preliminary stage.

Legal Principle 2

If a leader publishes untrue, incorrect, or misleading statements about another person, it demeans their office, position, and calls their integrity into question. In such an instance, the leader is guilty of misconduct in the office.

Legal Principle 3

If a leader publishes untrue, incorrect, or misleading statements about another person that results in creating negative perceptions and disrespect towards that person, it demeans the leader's office, position, and calls their integrity into question. In such an instance, the leader is guilty of misconduct in the office.

Legal Principle 4

A leader shall not place themselves in a position of conflict of interest or dishonesty in the course of their duties with their business associates. Business involvement with an associate is improper, and the leader is guilty of misconduct in the office. The term "associates" includes friends, relatives, brothers, sisters, wives, and husbands of their associates.

Legal Principle 5

Misapplication of public funds not for their original intended purpose is a violation. If a leader instigates misapplication, they are guilty of misconduct in the office.

Legal Principle 6

A leader shall not use DSIP funds for their electoral purposes to cover salaries and rentals for their electoral staff. It is deemed "double dipping" to do so. A leader who uses DSIP to fund their electoral dues is guilty of misconduct in the office.

Legal Principle 7

The District Development Authority established under the District Development Authority Act is the legitimate structure recognized by law in the districts. Any other structures apart from the DDA structure are illegal. A leader who sets up a separate structure that eats up DSIP is guilty of misconduct in the office.


Location: Waigani, Port Moresby, Papua New Guinea

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