FORMER Secretary for Mining and resources lawyer James Wanjik has called on lawyers involved in the Ramu deep sea tailings placement (DSTP) litigation to advise their clients and the court to make Mineral Resources Authority (MRA) as an issue.
“In any litigation, one of the cardinal principles to be considered by the court is the legal standing and competence of the litigants,” Wanjik said.
“The MRA is unconstitutional and is operating illegally.
“As such it has no legal standing and competence to regulate all mines including the Ramu mine and its DSTP.
“It follows that MRA has no legal standing and competence to be a party in the DSTP litigation or to be entertained by the court.
“Questions of legal standing and competence of litigants are preliminary, elementary and fundamental legal issues.
“It is a surprise lawyers involved in the litigation particularly lawyers for the landowners have not made MRA's legal standing and competence to regulate Ramu mine and its DSTP preliminary, elementary and fundamental legal issues before the court.
“Lawyers have duty to the law and court apart from the profession and clients.”