By By Terence Malapa,Justice Viran Molisa
Copyright dailypost
The Supreme Court has dismissed a Judicial Review (JR) application filed by Mr. Jimmy Rantes, the suspended Director General (DG) of the Ministry of Trade, Industry, Commerce and Ni-Vanuatu Business. The verdict, delivered by Justice Viran Molisa Trief on 22 September 2025, concluded that the Public Service Commission (PSC) acted lawfully in suspending Mr. Rantes from his position earlier this year.
Mr. Rantes, represented by Mr. Frederick Sam Loughman, brought proceedings against the Minister of Trade and Commerce (First Defendant) and the Public Service Commission (Second Defendant), seeking JR of his suspension dated 14 March 2025. He argued that the PSC’s decision breached both his employment contract and section 19 B (1) of the Public Service Act [CAP. 246].
Mr. Rantes contended that his suspension was triggered solely by a letter of complaint from Minister Samson Samsen, without the necessary legal grounds or independent assessment by the PSC Secretary. He further claimed that he had consistently fulfilled his obligations, had no previous performance issues, and had recently received a “Satisfactory Performer” rating from his peers.
The Defendants, represented by Mr. Freddie Bong, maintained that the suspension was properly initiated in accordance with relevant provisions of the Public Service Act and Mr. Rantes’ contract. The PSC had received a complaint from the Minister, and following internal procedures, suspended Mr. Rantes on half-pay while an investigation was launched.
Justice Trief found that Mr. Stephane Bong, Acting Secretary of the PSC, had properly assessed the Minister’s complaint and independently formed a suspicion of serious misconduct before referring the matter to the Commission. The Court ruled that this satisfied both clause 1 of Schedule C of Mr. Rantes’ employment contract and section 19 B (1) of the Act.
“The PSC decision to suspend Mr. Rantes pending an investigation into the allegations against him was entirely consistent with clause 2 of Schedule C of his employment contract,” said Justice Trief in her written judgment.
The Court also rejected arguments by Mr. Loughman that the suspension was unreasonable, that there was a conflict of interest, or that the Minister’s actions compromised the PSC’s independence.
Justice Trief emphasised that the Court was not tasked with determining the truth of the misconduct allegations, only the legality of the suspension decision. That determination remains within the ongoing disciplinary process administered by the PSC.
The claim was dismissed, with the Court ordering Mr. Rantes to pay the Defendants’ legal costs, fixed at VT200,000, by 4:00pm on 20 October 2025.
