Constitutional Court to decide today if an amendment to extend the DPP’s tenure is constitutional

The Constitutional Court is to decide today on whether an amendment to extend the tenure of the Director of Public Prosecutions (DPP) is constitutional.

Some members of the People’s National Party filed a lawsuit last year challenging the move by the Government to pass a bill which extends the retirement ages of the Auditor General and the DPP from 60 to 65 years, with a possible extension to 70.

Claimants in the lawsuit are Opposition Member of Parliament Phillip Paulwell and Senator Peter Bunting.

They are contending that the extension was enacted for an improper purpose and is therefore inconsistent with the constitution.

The DPP on reaching the retirement age of 60 in September 2020, was given a three-year extension on the job.

The DPP’s tenure should have ended in September last year but under the new amendment to the Constitution, she was given two extra years to remain in office.

The claimants are seeking a declaration that the DPP should not have been allowed to remain in office beyond September last year, when her extension ended.

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