Our People, Our Region - Madang Province, Papua New Guinea

ISLANDS OF PNG

Bagabag Island

Bagabag is in the province of Madang Province in Papua New Guinea and it is a dormant volcano.
It is an island made up of only four villages. Bagabag is the closest island to Karkar island. People from the last Karkar normally paddle to Bagabag to for visit and some by the course of the ocean tide and current. The island is rich with betel-nut, local pigs and the food. The life on the island is very interesting as people are very few and they know each other very well.

source: http://www.postcourier.com.pg/20110704/mpost.htm 

ABG pins hopes on 7 deals

Islands region

Monday 4th July, 2011

ABG pins hopes on 7 deals

BOUGAINVILLE has high hopes the seven Memorandum of Understandings (MOU) signed in China would help the region prepare for its economic prosperity and fiscal self- reliance.
And the ABG is also optimistic these MOUs signed with multi-billion business houses of China will enhance and help Bougainville prosper through to referendum and economic independence.
ABG vice President Patrick Nisira said this in his address to ex-combatants during their meeting and preparation to move into Konnou and Sininai to sort out the law and order situation in south Bougainville.
“The Government of China, the various Chambers of Commerce in China and the businesses that have prudent records in China have signed seven MOUs with us,” he said.
“The Chinese are ready and willing to invest huge amounts of money in Bougainville, not only for their benefit, but also for us in Bougainville. Their government is aware of the situation we are placed in. China has also experienced the pains that we have gone through – maybe worse. They are genuine. They understand fully well the ABG’s policy in the “no standalone” business in Bougainville. All foreign investments in the region must be through partnership with Bougainvilleans.
“The first investment opportunity that is on offer is the declaration of the Kokopau township into a special economic zone which in turn will deliver a new multi-billion dollar “harmonious town”.
“This is the arrangement that ABG has gainfully engaged in besides talking to other potential investors, both within PNG and abroad.
“We do not have the luxury of time, as I have often quoted, we only have four years to 2015 and nine years to 2020. We must provide the environment that would be conducive for change. We cannot forever sit back and accept the way things are. We need change, change for the better welfare of our families and our future generation and we have to create change now,” Mr Nisiria said.

[Go to the top]  ©Copyright, 2004, Post-Courier Online. Use of this site is governed by our Legal Notice.

source: http://www.postcourier.com.pg/20110704/ispost03.htm

Police start operations

Mamose Post

Monday 4th July, 2011

Police start operations

POLICE have started their pre-election operations for the 2012 National General Elections.
This was made known by the Police Commissioner Tony Wagambie during a police parade in which he addressed in Madang.
Mr Wagambie said the operation was launched in Port Moresby and part of it involved awareness on the purpose and importance of elections, particularly in areas where guns are known to be involved.
He said elections are all about voting leaders and those who would ensure service delivery.
“…The choice you make will bring service or the lack of it, that is the message we would like to get across to our people and the other that there can only be one winner,” he said.
He said with the kind of money the current members of parliament were now having access to, he expected this would also trigger an increase in the number of candidates for each open electorate.
There were other issues which the top cop addressed including use of police vehicles which he added was currently an issue with front-line policing
Mr Wagambie said rightfully, those who were entitled to one included the Assistant Commissioners, the regional commanders and not everyone.
“…Those in sections including prosecution, have no reason to be driving around in police cars after hours because their job ends at 4.06 when the courthouse closes,” he said.

[Go to the top]  ©Copyright, 2004, Post-Courier Online. Use of this site is governed by our  Legal Notice.

source: http://www.postcourier.com.pg/20110704/mamose03.htm

Our People, Our Land - Eastern Highlands, Papua New Guinea

With a history of gold mines and coffee plantations, Eastern Highlands Province has had more exposure to European influence than any of the other Highlands provinces. It has a history full of colourful characters - miners, missionaries, patrol officers, plantation owners. Traditional dress is seldom worn these days, although the Highlanders still live in villages of neat clusters of low walled round huts built amongst the rolling kunai-grass covered hills.
Goroka, a small outpost station in the 1950’s, has developed into an attractive, well organised town with modern facilities and relaxed atmosphere. It is a major Highlands commercial centre of 25,000 people and at an altitude of 1600 metres it has a climate of perpetual spring.Today Goroko has become known for its annual show, held every August. It is a marvellous opportunity to gain an overview of PNG’s cultural diversity. The shows were first held in the 50’s as a means of gathering together the different tribes and clans. At times there could be more than 40,000 painted warriors dancing to the beat of the Kundu drums.

source:http://www.postcourier.com.pg/20110704/hpost.htm 

Yutok-NA leader to be decided soon

yutok

Monday 4th July, 2011

NA leader to be decided soon

Who will be the next leader of the National Alliance (NA) Party?
That is the big question that Papua New Guineans are asking as they watch and wait to see who will take over as leader of the most powerful political party ever to come out of PNG politics since independence in 1975.
The position of party leader has fallen vacant since the family of Prime Minister Sir Michael Somare retired him from politics last week due to his poor health condition. When that decision is formalised, after the process to retire the PM started by cabinet last week comes to a conclusion, Sir Michael does not only leave the post of PM and as MP for East Sepik Province, he also leaves the post of leader of NA, which he helped founded and led for the last nine or so years.
The NA constitution clearly provides the guidelines on how a leader is succeeded in the event the incumbent retires, loses his seat in a election or the position becomes vacant because the leader is unable to perform due to ill health. Section 17 of the NA constitution states that the four regional deputies of the party qualify automatically to contest and the one that wins, becomes the new leader. The process to replace Sir Michael Somare as leader of NA had started well before he had gone to Singapore for his medical check and hospitalisation. It was a question of when the election was to take place.
If we go by the NA constitution, Don Polye, Patrick Pruaitch, Ano Pala and Fidelis Semoso will be the candidates as they qualify to contest. Pruaitch, however is most certainly out of the race as a Supreme Court ruling last Friday points out that by the operation of the National Constitution, he is suspended from office because he faces a leadership tribunal over misconduct in office charges. That leaves the race to the other three leaders, however Mr Semoso may also be automatically suspended if the Public Prosecutor refers him to a leadership tribunal. There are other NA leaders like Sam Abal, Paul Tienstien, Mark Maipakai and Arthur Somare who are senior members from the party that may contest for the post. Somare, like Pruaitch is automatically suspended from office, because he too is facing a leadership tribunal. The tussle for the NA leadership is already dividing the ruling party in Government. Though party members are trying really hard to deny this, there is a clear division between the faction led by Polye and the other led by Abal. The news that the party was moving to resolve this issue before the next sitting of Parliament is good news, for NA supporters around the country. By July next year, the writs for the 2012 national elections will be issued and it is important for NA that it goes into the elections as a united force.
Every political party in Parliament right now is preparing to go into the elections and as usual, they will fight NA at all fronts to win votes and form the new government. The preparations for the elections are going smoothly. The PNG Electoral Commission and the Police are working together with the Inter departmental committee on elections, to make sure that the coming elections must be safe and secure for everyone to exercise their right to cast their vote. The report about tribal fighting in Enga and the use of firearms in these ethnic clashes goes to show that the build-up of firearms in rural communities in the Highlands is real. The police are very well aware of what to expect in the Highlands and are making their own preparations and they have submitted a budget to the National Government for funding.
The force is hoping that this money will be provided to them, much of it in the November budget, but if the government fails them, their entire plan will be thrown into disarray. Let’s hope this does not happen.

[Go to the top]   Copyright©2009, Post-Courier Online. Use of this site is governed by our  Legal Notice.

Bennett recalls Magic of Lockyer in State of Origin

Sports

Monday 4th July, 2011

Bennett recalls

Magic of Lockyer in State of Origin

COOLUM, Qld: Rugby league’s most successful duo — Wayne Bennett and Darren Lockyer — only had cross words once.
And it was over State of Origin.
The super coach will be at Suncorp Stadium on Wednesday night to see his former star pupil play his 36th and final Origin game.
Such is the bond between them, he will also be in the stands later this year when Lockyer, barring injury, plays his 350th premiership game, passing the all-time individual mark of 349 currently shared by Terry Lamb and Steve Menzies.
He'll also watch his last club game which could even be the grand final in October against Bennett's Dragons.
That would be Hollywood stuff.
Bennett revealed Origin had been the centre of their only “blow-up” during a long and successful relationship at the Broncos.
Lockyer had ruptured his ACL playing against the Cowboys late in 2007.
The knee injury plagued him and undermined his confidence in the early months of 2008 and eventually kept him out of the entire Origin series which Queensland won.
“We’d never had a cross word but we had a blow-up over Origin in 2008,” Bennett told AAP.
“Darren wanted to play Origin so badly and before the first two games he’d say he was going to play, then he’d ring me and change his mind because he desperately wanted to play but was struggling for us (Broncos) and we knew we had to pull him out.
“Before the third Origin he came into my office and said ‘I’m going to play in Origin III' and I said ‘mate, you’re not going to make it, you’re not fit, it’s not going to happen’.
“He got really animated and said ‘I’ll prove you wrong’.
“I told him he had nothing to prove to me and that I wanted him to play but I told him he wouldn’t be fit enough for an Origin game.
“He replied ‘I’ll show you what I can do’.
“In the end, he didn’t play Origin III, as hard as he tried and as much as he wanted to, he couldn’t overcome the odds, it was a bridge too far.”
Lockyer played his first Origin under Bennett in 1998 — a nail-biting 24-23 win over the Blues, the first of many games he pulled out of the fire for his favourite coach.
The coach’s memories of Lockyer's Origin debut are fresh and clear.
“NSW were on our try line leading by five. They put a short kick in ... Andrew Johns, Brad Fittler, they had everybody playing," Bennett said, reliving the final magical moments.
“Shane Webcke fell on it, we played it, the ball went wide, Kevvie Walters put a chip kick in, Ben Ikin ran it down.
“He got up, played the ball, a couple of passes wide, Jason Smith and then Tonie Carroll (whose selection was bagged in the match program) turns up and scores and Lockyer kicks the goal and we win.
“Incredible stuff.”
Lockyer played in four Origin series under Bennett for two wins, a draw and one loss — a record the coach insists was 3-1.
“We bloody won three series together,” he says, counting the 2002 drawn series as a win. The final game of the series ended in an 18-all draw with winger Lote Tuqiri missing a conversion after the siren knowing Queensland had already retained the series' shield.
“Darren was a wonderful goal-kicker but he didn’t enjoy the pressure of it,” said Bennett.
“It was the only thing about the game he didn’t enjoy but he did it because the team wanted him to.
 

[Go to the top]  Copyright©2009, Post-Courier Online. Use of this site is governed by our  Legal Notice.

source: http://www.postcourier.com.pg/20110704/sport01.htm

Equipment to be deployed

Business

Monday 4th July, 2011

Equipment to be deployed

MARINE environmental monitoring equipment will be deployed this week off the coast of the Basamuk Bay in the Madang Province.
Deployment of the monitoring equipment will be done through the Scottish Association for Marine Science (SAMS).
It will be used to research the incidence of ocean upwelling in relation to the operations of the Ramu Mine.
Mining Minister John Pundari said in a statement that the aim of the research was to make significant scientific measurements to ensure that the physical oceanography surrounding the tailings pipeline was fully understood.
“This will guarantee that the proposed deep sea tailings placement at Ramu is managed effectively,” Mr Pundari said.
He confirmed that four moorings containing a number of instruments that will continuously measure temperature, salinity and ocean currents, have been deployed.
The moorings will be recovered every three months over a period of 12 months and the data obtained will be analysed by SAMS.
A final report will be made in conjunction with the meteorological and satellite data on the physical ocean conditions that are operating during 2011 and 2012at Basamuk.
The first recovery of the moorings is scheduled for October and will include the participation of officers of the Department of Environment and Conservation (DEC) and the Mineral Resources Authority (MRA) who will be trained by SAMS in the deployment, retrieval and operation of the monitoring instruments.
Part of the training will include data analysis and interpretation for these officers at the Scottish Marine Institute of in Scotland.
“I am pleased to announce on behalf of the Government that as part of this contract, all the state of the art oceanographic monitoring equipment provided will now be owned and operated by PNG through the relevant agencies to monitor and regulate the mining industry,” Mr Pundari said.
The Scottish Association of Marine Science is a leading and oldest independent marine research organisation with five major research themes Arctic research, marine processes and climate; marine renewable energy; prosperity from marine ecosystems; and industrial impacts on oceans.

[Go to the top]  Copyright©2009, Post-Courier Online. Use of this site is governed by our  Legal Notice.

source: http://www.postcourier.com.pg/20110704/business01.htm

Acting PM denies himself a portfolio

Acting PM denies himself a portfolio

By TODAGIA KELOLA

ACTING Prime Minster may have self-destructed himself when he did not allow himself a ministry during his recent major reshuffle of Cabinet.
Under the Prime Minister and National Executive Council Act 2000, the Acting Prime Minister ceases to hold office when he/she ceases to be a minister.
Realising the seriousness of the situation, government advisers are now frantically looking for ways to fulfill the legal requirements and create a new ministry for Mr Abal.
Mr Abal was Works Minister when he was appointed Deputy Prime Minister by Prime Minister Sir Michael Somare. When Sir Michael went to hospital in Singapore for his heart surgery, Mr Abal became Acting Prime Minister during which time he sacked two ministers and in the process of shuffling his Cabinet portfolios, he gave away his Works job to Peter O’Neill.
And by operation of law, the country was without an Acting Prime Minister since last week.
A private lawyer and former National and Supreme Court judge Nemo Yalo pointed out the seriousness of the situation in a media statement yesterday.
“The Office of the Deputy Prime Minister is established under Section 3(1) of the Prime Minister and National Executive Council Act 2002. He is appointed by the Head of State acting on advice of the Prime Minister. The Deputy Prime Minister loses his office under three scenarios stipulated under Section 3(3) of the Act. These are removal by the Head of State acting on advice from the Prime Minister or when he ceases to be a Minister or when he resigns from office.
The specific words of Section 3(3)(b) of the Act are: “The Deputy Prime Minister ... ceases to hold office if he ceases to be a Minister”.
The acting Prime Minister ceased to be the Minister for Works effective on June 22, 2011 when he relinquished his ministerial portfolio to Peter O’Neill.
A gazettal notice No G163 of June 22, 2011 shows Mr Abal’s amendments to the Determination of Titles and Responsibilities of Ministers. But the Governor-General’s decision based on that advice is not published in the National Gazette. “However, his intention is complete. Mr Abal currently holds no other ministerial portfolio so by operation of Section 3(3)(b), Mr Abal appears no longer the Deputy Prime Minister effective from 22 June 2011,” Mr Yalo said.
“The Prime Minister appointed Mr Abal as Acting Prime Minister under Section 4 of the Act. If the Prime Minister were not to make that appointment before he fell ill, Mr Abal would still have automatically assumed the position of Acting Prime Minister by operation of Section 4(1)(c) of the Act. This provision states that: “Subject to Subsection (2), when ... the Prime Minister is (i) absent from the country; or (ii) out of speedy and effective communication; or (iii) otherwise unable or not readily available to perform the duties of his office, the Deputy Prime Minister is the Acting Prime Minister”.
“Effective as of 22 June 2011, Mr Abal ceased to be the Acting Prime Minister because he is no longer the Deputy Prime Minister. Mr Abal has voluntarily removed the soil and the foundational rock on which the Acting Prime Minister’s feet were firmly placed. There appears nothing in law now keeping him upright as the Acting Prime Minister.
“If Mr Abal wishes to remain the Deputy Prime Minister and therefore the Acting Prime Minister, he must reverse his decision and retain his Ministry of Works. He must immediately advice the Head of State not to execute his advice,” Mr Yalo said.
And he strongly recommended that this is the time when the executive leadership deserves the best legal advice. In my view, “politics and law are two separate streams that should run parallel in the channel of public interest, the former running along subject to the latter and not otherwise, both running ultimately to the sea of public benefit”.

[Go to the top]  Copyright©2009, Post-Courier Online. Use of this site is governed by our  Legal Notice.

Report: K1.2 billion missing, MPs named

News	Monday 4th July, 2011

Report: K1.2 billion missing, MPs named

By SIMON ERORO

Certain Ministers and senior bureaucrats have been named in a report that forms part of the Department of National Planning and Monitoring Secretary, Joseph Lelang’s affidavit now before the National Court.
The copy of the affidavit obtained by Post-Courier highlights that about 90 per cent or K1.2 billion of the total of K2.1 billion direct PNG Government funding for its development budget has allegedly gone missing in the three months when Mr Lelang was out on suspension. Philemon Was Korowi, from Philemon Korowi Lawyers who is representing Mr Lelang in court, confirmed that the national fraud squad will provide its own report to the court.
In the report, the total 2011 development budget stands at K4.2 billion of which K2.1 billion is direct funding from the National Government while the balance comprises foreign aid monies with almost 75 per cent of these coming from AusAID.
The report, which highlights alleged massive corruption within the department, states that K1.9 billion was the total warrant authorities which was issued by the Department of Treasury of which K735 million in project monies are placed under trust accounts held by the Department of Finance.
The report states that the Department of Finance will be responsible for funding development projects directly and that the remainder of K1.2 billion was released to projects by DNPM over the three months from March – May, 2011. There has been abuse of project screening and planning processes and that officers of the DNPM had been directed and pressured to make sure that they manipulated the appraisals of projects to pass the screening criteria so that they are eligible for funding, the report states.
The report highlights that the investigation established that certain payments were made to companies which were allegedly linked to senior officers at the Department of National Planning. Further checks with the bank records as to the signatories to these company accounts show actual names of the department officers and bank transactions of payments to certain individuals and politicians, the report states.

[Go to the top]  Copyright©2009, Post-Courier Online. Use of this site is governed by our  Legal Notice.

Somare, Pruaitch out

Somare, Pruaitch out

By PETER KORUGL

TWO senior ministers facing leadership tribunals were suspended from office last Friday by operation of a Supreme Court ruling that leaders referred to a tribunal must step down from office with immediate effect.
Public Enterprises Minister Arthur Somare and Finance and Treasury Minister Patrick Pruaitch, both facing separate leadership tribunals over misconduct charges, were automatically suspended from office by a three-member Supreme Court bench.
The leadership tribunal investigating Mr Somare’s alleged misconduct in office charges starts today while Mr Pruaitch’s case is pending before a National Court.
The Supreme Court also ruled that any move to take out court injunctions against leadership tribunal proceedings are viewed as abuse of process and should be declined without exception.
And if the Minister for Bougainville Affairs, Fidelis Semoso, is also referred to a Leadership Tribunal by the Public Prosecutor, he will also be suspended from office.
The Supreme Court decision last Friday clarified that the Constitution was specific that all public office holders except for the Prime Minister and a few others, are automatically suspended from office when they are referred to a leadership tribunal.
The Ombudsman Commission and the Public Prosecutor’s Office are expected to write to the two MPs to inform them of the judgement today and its effect.
Deputy Chief Justice Gibbs Salika, Justice Nicholas Kirriwom and Justice Ambeng Kandakasi clarified the operations of the law on the suspension of leaders facing misconduct charges when dismissing the constitutional reference filed by Prime Minister Sir Michael Somare on the powers of the Ombudsman Commission to investigate and refer leaders in April this year.
In its deliberations, the Supreme Court reviewed two earlier decisions it made in the Patrick Pruaitch case, in which in the earlier decision, the same court suspended Pruaitch but this was overturned in the second judgement when the same matter returned to the same court.
“In developed democracies, people who hold public office, who become the subject of allegations and investigations for any misconduct in office, readily either resign or step aside to allow for the investigations and the due process of the law to take its course. They do this out of respect for themselves, the integrity of the office they hold and respect for the due process of law,” the Supreme Court ruled.
The court ruled that the tradition of voluntary stepping down in the light of allegations and accusations of misconduct in office or criminal conduct of a public office holder became part of PNG’s democracy and tradition.
It cited two cases involving sitting MPs stepping aside, the first being Opai Kunangel and then Sir Julius Chan.
“It is becoming a norm for most leaders in PNG who are subject of allegations and investigations for misconduct in office or criminal offences to continue to occupy their offices and are readily applying for injunctive orders,” the court ruled.
“Some of them are interfering into the proper conduct of investigations. Others are doing everything they possibly can to remain in office, continue to function and in most instances are either committing more misconduct in office from tampering with evidence, interfering with witnesses, swindling of funds or abusing their powers knowing that they may not last long in those offices.”
The court touched on the first case involving Pruaitch and reaffirmed what the first judgment highlighted about duly appointed tribunals being left frustrated and unable to perform.
“This will make a mockery of the Leadership Code, particularly the work of the Ombudsman Commission in enforcing the Leadership Code. The inquiries will continue to be stalled and the leaders whose integrities are already called into question will continue to discharge leadership responsibilities,” the court ruled.
The three-man bench upheld the ruling in the first Pruaitch case that a leader who is referred to a leadership tribunal is automatically suspended from office if the leader had not already stood down voluntary. The court stated that the decision in the second Pruaitch case did not refer to any authorities in the way the decision in Pruaitch case No. 1 did and arrived at the view that, the question of suspension does not arise until the charges and statement of reasons are presented to the leadership tribunal.
It observed that Pruaitch case No. 2 did not refer, discuss and demonstrate how various authorities and provisions of the Constitution and the Organic Law on the Duties and Responsibilities of Leaders Decision No. 1 referred to and relied upon, were wrong and therefore no good law for them to follow.
The court also ruled that Pruaitch case No. 2 failed to note that the Constitution provides for automatic suspension of leaders that were subject of investigations and referred to a leadership tribunal except for the Prime Minister and others covered under specific provisions, given the importance of the office they held.

[Go to the top]  Copyright©2009, Post-Courier Online. Use of this site is governed by our  Legal Notice.

Editorial - The National

Home

Better to reinstall Polye, Duma

Source: 

The National – Monday, June 20, 2011

ONCE upon a time, Western Highlands politics used to impact nationally in the days when the power was held firmly by then prime minister Paias Wingti and when the late National Party leader, Paul Pora, refused stoutly to share government with him.
It seems, today, the power base has shifted westward to Enga, a part of Western Highlands which got separate in 1974 to form its own district.
Today, Wabag MP Sam Abal wields the big stick and dangles the carrots that grow so well up in Sirunki and calls the tune.
There is a highlands saying that in a “ples singsing”, there is only one song leader and so that which divided the Western Highlands “haus man” once is repeating itself in Enga.
Abal has removed his distant cousin and Kandep MP Don Polye from his Foreign Affairs ministry which Sir Michael Somare had installed him at as one of his last moves before he went away for his extended medical treatment in Singapore.
While the move has not been entirely unexpected, it has created no little debate and consternation, not the least of which has been inside the National Alliance party itself. Perhaps in the heat of the moment Abal did not think through the consequences of his actions as deeply as he should have.
Polye is a deputy in the party, one of four representing the four regions of the country. He also happens to have the largest number of highlands MPs supporting him. Both of these positions entitles him almost automatically to claim the leadership of the parliamentary wing of NA should the position be vacated by incumbent, Sir Michael Somare.
That Polye does not now hold the position of deputy prime minister and the job of acting PM has much to do with Sir Michael’s choice, one that operated outside the constitution of his own party. In his wisdom, he decided that Abal, rather than heir apparent, Polye, ought to be his deputy and therefore to be the acting PM after him.
 Sir Michael decided in his wisdom that it was not yet time to hand over the reins of leadership to Polye while he was away for an extended time.
While he acted outside the NA constitution, his own action is not illegal. As prime minister, it is entirely his prerogative to appoint members of his ministry. That power is vested in him by the PNG constitution and, therefore, far superior to the party constitution.
But political parties must operate cohesively. They must obey the dictates of their own constitution and regulations and policies. To not do so would be to invite chaos.
Whatever the motives of Sir Michael, he did not remove Polye completely. He allowed him to be in charge of his highlands faction. He gave him a ministry – a fairly senior one – and one that surprisingly Polye has handled very well in the short stint he has had there.
He went in there with very little experience but he has done well to the extent that regional leaders have commented that they have been impressed by him.
In that sense, it has been a remarkably insightful choice by Sir Michael. It has given Polye the breadth, depth and scope of issues at the international level that will prepare him better for any senior role he might have in future, including that of head of government.
Polye is an ally to Abal, not the enemy.
Together they have captured Enga for the ruling party, and left Enga Governor Peter Ipatas with only one other seat out of Enga’s six. To fight now this close to the elections is bad for the National Alliance in the province.
That is a very bad situation to be in going into the elections.
Polye has not been totally respectful of Abal, a matter that may have led to his sacking. There are reports he (Polye) openly sided with William Duma, the sacked former petroleum and energy minister in cabinet, and challenged Abal in cabinet on MoA issues, left cabinet in a huff  and stormed back in to continue the challenge.
Let us remember that both men were said to have been sacked for “insubordination”.
Whatever the personal issues, the sacking of Polye has not gone down well with the rank and file of NA and with other NA regional factions as well. This will have led to the long delay in announcing replacements for the ministries.
We think Polye ought to be reinstalled in some capacity or in his old job. In the final analysis that will make Abal look good to have done a good rethink.
There will be no loss of face and it is the right thing to do by his party.
 

News	Thursday 30th June, 2011

How to make PM’s retirement legal

THE Government was supposed to have appointed two medical doctors to report back within 28 days on the condition of the Prime Minister Sir Michael Somare when he went into hospital for medical treatment and also heart surgery on April 21.
This is the view of a very senior legal officer in the Solicitor Generals Office. Had that been done, there would not be any confusion today on the way forward in relation to whether or not the office of the PM is vacant and when constitutional provisions should be invoked to elect a new Prime Minister.
“The proper and moral thing to do after the PM was admitted to the ICU, was to appoint two medical doctors to report within 28 days, pursuant to Section 6 of the Prime Minister and National Executive Council Act 2002, and after three months, they could then certify that the PM is medically unfit to return to office,” the lawyer said.
“That is to comply with the law, instead of allowing the PM to continue to hold the substantive post while in the sick bed,” and he paid tribute to the Somare family for going public on their decision for the Grand Chief to retire and allow the normal process to take its course.
He said the Constitution, supplemented by the Act, provided that when the PM is ill, “he is subjected to medical examination immediately, rather than treating it as another public servant on sick leave. The law is more concerned in the interest of the country”.
The following is the senior legal officer’s opinion with regard to the current situation PNG is faced with:
“There are six (6) instances where the position of the PM is permanently vacant and they are provided for under Section 147 of the Constitution:
* When he dies, or
* When he resigns by giving notice in writing to the Head of State pursuant to Section 146, or
* When he ceases to be qualified to be a Minister such as being unseated in a general election, or
* When he is dismissed from office through a vote of no confidence (ss. 142(5)(a) and 145), or
* When he is dismissed from office as a penalty for breaching the leadership code (Section 142(5) (b) and Division III.2), or
* When he is removed from office for being medically unfit (section 142(5)(c)).
“When the PM is dismissed in a Vote of No Confidence, that is the time when the person nominated as the alternate Prime Minister in the Motion automatically becomes the Acting PM until he is appointed PM by Parliament (Section 143 (2) of the Constitution). In all the other 5 instances, there is no other expressed provision for someone else to be the Acting PM apart from the Deputy Prime Minister who will assume that responsibility by operation of law, particularly section 143 (1) of the Constitution and section 4 of the Prime Minister and National Executive Council Act 2002. Both of these provisions provide a number of same instances, where an Acting PM can assume the office of the PM as Acting PM and they are:
(a) there is a vacancy in the office of Prime Minister; or
(b) the Prime Minister is suspended from office; or
(c) the Prime Minister is,
(i) absent from the country; or
(ii) out of speedy and effective communication; or
(iii) otherwise unable or not readily available to perform the duties of his office.
“Section 143 (1)(a) provides an instance where there is a permanent vacancy in the office of the PM as stated earlier. The combined effect of Sections 143(1) and 142 (1),(2),(3)&(4) of Constitution shows that when there is an instance of permanent vacancy in the office of the PM, Parliament must be immediately recalled by the Speaker to appoint a new PM.
“The first business of the day when Parliament meets after there is a permanent vacancy is to appoint a new PM (section 142 (2)). That also means that there can never be a Parliament session with an Acting PM, dealing with any other business without first appointing a PM to the substantive position. The scheme of legislation is such that it prevents an Acting PM to run the country when the mandated CEO of the country has vacated office permanently. The duration of the Acting PM is from the date of the permanent vacancy to the time of immediate appointment of the new PM.
“In relation to section 143(1)(b), the Acting PM assumes office when the PM is suspended from office. The suspension of the PM is provided under Section 142(6) where he can be suspended pending investigation by the tribunal or when he is suspended on medical reasons under Section 6 of the Prime Minister and National Executive Council Act 2002. If the PM is suspended by the tribunal, it does not take any longer than the period of hearing and determination. If the PM is on suspension pending medical examination then the time period is also specified. Over all, it is apparent that the scheme of legislation provide for the Acting PM to remain in office for a limited period.
The Current Situation
“The current situation is such that the PM himself did not make the decision to retire. Instead, it is the decision of the family due to his medical condition.
“The Prime Minister has not resigned because he is not capable of making that decision personally. As such, any decision made on his behalf by his family cannot be properly termed as resignation under Section 146 (1) of Constitution which provides for resignation.
“The Constitution does not provide for retirement procedures for retirement of the PM, nor does it provide for sick leave procedures.
“Two options are available for the PM’s:
n First is an instance where the PM and or a Minster ceases to be qualified as a minister. Under section 141(a) of the Constitution, there is only one qualification to be a Minister and that is being a Member of Parliament. It therefore follows that the PM can retire as the Regional MP for East Sepik Province which would effectively render the vacancy of the office of the PM under Section 147(1)(c) of Constitution.
n Secondly, the NEC should advise the Governor General to request the PNG Medical Board to appoint two medical practitioners to provide two medical report on the condition of the PM to be tabled in Parliament in accordance with Section 142 (5)(c) of Constitution and Section 6 of Prime Minister and National Executive Council Act 2002. Note that the latter Act provides a period of 3 months limit on the time allowable to test whether the PM can recover and if he does not within that period, Parliament can remove the PM under subsection (11) of that section.
“In the instant case, the PM’s family announced a retirement on behalf of the PM as the PM cannot coherently make a decision given his condition. If that position is to be allowed, then it takes the first option.
“The decision by the family can be taken as the PM retiring as the Regional MP of ESP. Otherwise, the most likely available option is the second one, where two medical doctors have to be appointed to provide a medical opinion.
“Note that the PM had been in hospital for more than three months which qualifies a final report in light of his condition as well as the family’s decision.”

News	Thursday 30th June, 2011

bal: Govt is stable

* No answer to possible crisis
* Sir J says Govt unstable
* Govt was wrong - lawyer

By Jonathan TanNos and Yehiura Hriehwazi

ACTING Prime Minister, Sam Abal, did not give a clear indication yesterday as to where PNG is headed in light of the Somare family’s expressed desire for their father and Grand Chief Sir Michael to retire completely from politics due to his serious medical condition.
Amid the confusion and political undercurrents, Mr Abal told leading corporate executives at Crowne Plaza Hotel that there was political stability in government which saw it through the 2012 General Elections despite rising and falling temperatures in Parliament.
But that stability was seriously questioned yesterday by another founding father of the nation, Sir Julius Chan (New Ireland Governor), who is now the only remaining MP who first entered the House of Assembly in 1968 with Sir Michael (Story on Page 2).
Former Deputy Prime Minister and Abau MP, Sir Puka Temu, also called on constitutional office holders like Electoral Commissioner, Registrar of Political Parties, Chief Ombudsman and Attorney General to come forward and tell the nation about what should happen next.
In the meantime, a senior government legal officer said two medical doctors should have been appointed to monitor the PM’s condition (Story Page 3).
Mr Abal played down the likelihood of a constitutional crisis and spoke of the political stability of the last 10 years and the Government’s achievements.
He said the stability was a record for the country from 2002 under the leadership of the Prime Minister, Sir Michael Somare, now undergoing medical treatment in Singapore.
Mr Abal was speaking during his opening address delivered to chief executive officers of State-owned enterprises in their one-day consultancy review at the hotel. He paid tribute to Sir Michael following the announcement by his son and Minister for State Enterprises, Arthur Somare, on Tuesday of the family’s decision to retire him from office.
Mr Abal said following the announcement on Tuesday, numerous calls from people in all walks of life had poured in, adding “it is nice to know the feelings of our people towards our leader”.
He told the CEOs that the Government would remain until the next elections “although we’ve had temperatures rising and dropping on the floor of Parliament”.
He said there were already political rumblings following the Tuesday’s retirement announcement to that effect. However, he chose not to delve into the matter. He continued to cite stability over the 10 years, describing it as “the most successful in the history of this young nation”.
“With political stability came the fruits of broad-based economic development that has touched most corners of this land,” he said.
“He came to political power again at a time the nation was at its lowest ebb.
“He leaves at a time of unparalleled opportunities for the country’s youth with major job creation underway for the first time in our history and thousands of new training opportunities created for jobs of the future.
“Sir Michael’s retirement is the start of a new era.
“He led this country into independence 36 years ago, before most of the current generation were born.
“He proved himself as its greatest political leader by winning several general elections.
“I will forever be grateful that when Sir Michael knew that he would undergo major open heart surgery and he decided last December to anoint me as his chosen successor, a prospect I had never anticipated.
“Because of the confidence of the Grand Chief, I have humbly, and with enthusiasm, accepted his challenge.”

Basil queries legality of PM’s retirement

Source: 

The National – Thursday, June 30, 2011

THE Opposition has called on the National Executive Council to appointment two practising doctors to reveal the health status of the Prime Minister Sir Michael Somare.
Deputy Opposition leader Sam Basil said although the family of Sir Michael had decided that he be retired from politics because of his health condition, it was wrong, in regards to the Constitution, for the family to make such statements.
He called on Acting Prime Minister Sam Abal to convene the NEC meeting and begin the process of invoking constitutional provisions to have the required medical examination of Sir Mi­chael.
“There is no legal provision for family members to declare that a prime minister has retired,” Basil said.
“While we all respect Sir Michael for his founding role in the formation of Papua New Guinea and we want to be sensitive to the Somare family at this difficult time, we have a duty in the national interest to do what is proper, moral and legal interest,” Basil said.
He criticised the Attorney-General and Justice Minister, Sir Arnold Amet, and newly-ap­pointed Foreign Affairs and Immigration Minister Ano Pala, for not alerting the Somare family and Abal as acting prime mi­nister, to the sections of the Constitution which provided for the examination and certification of the prime minister’s health.
He urged Abal to convene an urgent sitting of the NEC and invoke section 142 (5)(c) of the Constitution by advising the go­vernor-general to request the PNG Medical Board to appoint two medical practitioners to examine and provide two medi­cal reports on the condition of the prime minister to be tabled in parliament.
“This is what should have happened after the prime minister was admitted to the intensive care unit in Singapore within 28 days and a report provided after three months to determine his medical fitness or otherwise to retain this post,’’ he said.
“There are no provisions in the National Constitution that re­cognises announcements made by family members in relation to a prime minister or a cabinet mi­nister’s retirement or resignation.”
Basil said that the nation would continue to remain in limbo over the vague and obscure gesture by the Somare family which had no basis in law.
 

Sir Julius pays tribute to long-time colleague

Source: 

The National – Thursday, June 30, 2011

ONE of the founding fathers of the nation and Governor of New Ireland, Sir Julius Chan, paid his tribute to his long-time colleague, Sir Michael Somare.
“I wish to pay tribute to a political colleague, friend, founding father of PNG and a true statesman, Sir Michael Somare. I join with all members of parliament and citizens of PNG to extend regret, sympathy and prayers for Sir Michael and his family on the announcement of his retirement as prime minister and member for East Sepik,” Sir Julius said.
He said Sir Michael and he shared a long and deep relationship in the building of the nation since 1968 when they were first elected into the House of Assembly.
“Today, I speak as one of the few Papua New Guineans elected with Sir Michael in 1968 to the then House of Assembly.
“It was there that we, just the few of us, beganothe transformation of that highest body in our land from a colonial to a national structure.
“There, seated among the otherwise mostly White Australian parliamentarians, Sir Michael and I share a brotherhood.
I will never forget as we took the first steps on that long road to Indepen­dence together.
“Over the years we have had, as two strong men will always have, our agreements and our disagreements.
“But at all times we have remained good personal friendship, enjoying the light pleasantries as well as the challenging experiences of politics, beginning in those early days of transition from colonial rule to self-go­vernment and finally Independence in 1975, and into the present,” Sir Julius said.
He said with differences in their professions before entering politics, he felt they had complemented each other.
He said Sir Michael, with his ability to spread the message of Indepen­dence, and he, with his ability to do the nuts and bolts work of establishing the framework of the nation they both worked so hard to create.
He said they shared a vision of what Papua New Guinea could become, “and that vision was never compromised by trivialities”.
Sir Julius said for nearly 50 years they had worked towards a common goal and for 50 years they had worked together as founding fathers of self-government in 1973.
He said the People’s Progressive Party helped to define the instruments for self-government and they were jolly good partners right up to Indepen­dence.
Sir Julius said their early political relations, compounded by the heavy responsibilities on their shoulders, drew them closer together.
He said they put politics aside to engineer a strong and prosperous future in which they worked side by side to lay a strong foundation for the country’s financial institutions.
“As his longest-serving colleague, as a good friend and friendly adversary, as a comrade in arms in all struggles we faced and overcame, I want to say today that he served our country well and he will be remembered in the histo­rical volumes, which will grow older with our Independence anniversaries. May he retire in peace with prayers of a grateful nation,” Sir Julius said.

Abal: Govt is intact

Source: 

The National – Thursday, June 30, 2011

By JEFFREY ELAPA
ACTING Prime Minister and Wabag MP Sam Abal has assured the nation that the National Alliance-led government is intact and will continue to dispatch its responsibilities until next year’s general election.
Abal said this during a  state-owned enterprises (SOE) consultation on the National Plan and Vision 2050, with the theme “Delivering through SOE” at the Crowne Plaza in Port Moresby yesterday.
He said despite speculations that the NA and coalition partners were splitting and regrouping to elect a new prime mi­nister after Sir Michael Somare stepped down, the go­vernment was intact.
But the talk in the corridors of power is that seve­ral MPs from the go­vernment are in talks with the opposition to change the prime minister when parliament resumes in August.
A few leaders who were interviewed said the coalition partners and NA members remained intact out of respect for Sir Michael.
The sources said since the PM had had been advised by his family to retire, the leaders could make their move.
Abal said in order to bring stability to the go­vernment and in fostering development, all political leaders needed to focus on the development agenda of the country first so “our people do not have to keep asking why they are still poor in a rich country”.
Abal said: “With less than a year to go before writs are issued for the next national election, it is my hope that politicians on both sides of parliament focus their best efforts on the people in their electorates, in deli­vering the best development outcomes possible.
“We can then go to next year’s election confident that which ever party wins the most seats, its leader can become the prime minister.”
Meanwhile, Abal urged all state-owned enterpri­ses to commit themselves to outlining three priority initiatives that could improve their profit margins and result in greater corporate growth.

Chief remains, says Kaiwi

Source: 

The National – Thursday, June 30, 2011

GRAND Chief Sir Michael Somare remains in office regardless of the wishes of his family, the president of his National Alliance party said yesterday.
“The position now is that the Somare family has made its wishes known,” National Alliance president Simon Kaiwi said yesterday.
“They do not want their father to continue as a politician. That is understandable.
“In terms of the positions that he (Sir Michael) holds as prime minister, parliamentary leader of NA and East Sepik member, he stills holds those positions.
“He is still the party leader and the PM until such time as that position is taken.”
He said Sir Michael’s position as prime minister would only be determined by parliament after legal requirements were satisfied.
The process to replace Sir Michael as parliamentary leader of NA begun in February this year at the Grand Chief’s own behest and was now well advanced, Kaiwi said. Kaiwi said the next caucus meeting, scheduled to be held in Jiwaka, would determine the party leadership position.
“We are at an advanced stage now,” he said. “The process is well under way.”
That process started in February when, in consultation with the Grand Chief, Kaiwi was told to prepare for a successor to Sir Michael.
The parliamentary wing of NA, comprising 42 MPs, would convene in Minj town to elect the leader of the National Alliance.
That leader would be NA’s choice for the PM’s post should a vacancy occur by then.
Should a vacancy occur before the July meet, Kaiwi said it was the sole prerogative of parliament to elect a prime minister.
The view that the Somare family’s announcement to retire Sir Michael without his knowledge does not constitute a legally-binding decision was also shared by a number of people yesterday.
Private lawyer Tiffany Nonggorr said:  “It is not a family monarchy we have here in PNG; that Arthur Somare or any member of the family can decide on when the prime minister of this country can step down or not step down.
“There are existing processes and bylaws of this land that must be followed.”
She said that by the application of this country’s section 142 of the Constitution and section 6 of the Prime Minister (PM) and National Executive Council (NEC) Act 2006, “the only way Sir Michael ceased being a PM is when he himself says (from his own mouth) that he has resigned and does so in writing to the national executive council, declaring that he is resigning and, therefore, stepping down”.
Or, that he is dismissed, suspended or voted out by parliament.
She said the application of such laws safeguard a PM (any PM) and the people of PNG from any actions, unscrupulous or otherwise.
She said the proper legal procedures required – under current circumstances – was that, upon advice from the national executive council, the governor-general was required to advise the PNG Medical Board,
“who designates two medical practitioners to examine the prime minister”.
It would be based on that joint medical report presented to the governor-general “who advises the speaker to advise parliament which would then decide whether to suspend the prime minister on medical grounds or not”.
She said only then can a new prime minister be elected by parliament.
Outside of that, no one, not even the prime minister’s family members, have any say in whether or not he, as the chief executive of the country, should step down or not.
Senior lawyer Peter Donigi had raised similar points and the opposition yesterday called for the appointment of medical practitioners to follow the dictates of the Constitution.

News	Friday 17th June, 2011

Major natural disaster looms
THE Government maybe facing a major natural disaster at its doorstep which it does not know about.
Parliament was yesterday told that all food gardens in Abau district with a population of nearly 50,000, have all been destroyed by heavy flooding caused by current heavy rains.
Member for Abau, Sir Puka Temu, told Parliament that all food gardens were now submerged due to the unrelenting rainfall that had been persistent over the past three weeks in the district.
He revealed this during Question Time when asking Inter-Government Relations Minister Job Pomat if an emergency team could be sent to the area to assess and verify reports from his District Administration about the destruction.
Dr Temu said a total of K6 million had been requested for relief assistance, based on the ground assessments done by the district officers.
He said the extent of the destruction went as far as Amazon Bay, Aroma coast and the nearby Rigo district as well.
He said roads had been cut off as severe flooding had washed away culverts and other makeshift crossings.
In reply, a no-nonsense Mr Pomat, said a team from the National Disaster Office would immediately be dispatched to undertake a ground survey and verify the initial reports.
And much to the relief of Dr Temu, Mr Pomat literally dashed out of Parliament to issue instructions for a team to be deployed to the affected areas straight after giving his undertaking.
Elsewhere in the Cental Province, it is understood many in the low-lying areas are facing the same destructive situation as Abau and are expected to make similar appeals for relief assistance. 

News	Friday 17th June, 2011

Basil: Asian mafia growing
By Simon Eroro and Travetz Mabone

ASIAN crime syndicate will grow “stronger and bigger” in PNG and target politicians, public servants and businessmen who stand in their way, Parliament was told yesterday.
Maverick Bulolo MP Sam Basil said: “If the government cannot address these issues now, those organisations will only grow bigger and stronger into the future. There will be a very real threat to public servants, national politicians and national businessmen who stand in their way.”
Mr Basil questioned Acting Prime Minister Sam Abal on what the Government was doing to control such groups following the assassination of a Tango Supermarket general manager Wong Tee Tee Tee as he was driving his car through the Hohola Tunnel at 3.30pm on Wednesday. The assassin then followed him and fired more shots into the car and he eventually died of loss of blood at Burns Peak.
Mr Abal admitted that the issue on organised Asian crime syndicate was an issue that was hard for the Government to handle however, new changes to make Immigrations a separate authority with its own funding, would help to scrutinise such activities.
Mr Basil also asked what the Government was doing regarding the recommendations of the Guns Summit Report and the Parliamentary Committee on Anti-Asian Riots.

The acting PM urged Mr Basil not refrain from labelling the Asians and their nationalities as some of them were genuine investors in PNG.
Mr Basil slammed the acting PM’s attempts to down-play the seriousness of “Organised Asian Crime Syndicate” as a racial slur on Asians.
“One of the primarily roles of any government is to act responsibly and swiftly to safeguard the national security of its citizens and residents.
“That is what I said before urging him to carefully answer those questions that I have put forward,” Mr Basil said.
“My concern was about crime, the use of guns in this crime, and the slackness of Government despite funding a full-fledged nationwide Gun Summit in implementing the report and its recommendations.”
He was critical of the Acting PM taking off on his own tangent without addressing the substance of his questions.
“He could not come up with an answer on the lack of funding of the Parliamentary Committee on anti-Asian riots and the removal of Angalimp-South Wahgi MP Jamie Maxtone-Graham as chairman,” he said.
Meanwhile, Acting Deputy Police Commissioner Operations Fred Yakasa could neither deny nor confirm the existence of the Asian mafia in the country.
He said he could only assume the existence of such a group because of the nature of such crimes being committed.
Reference could also be drawn to a previous attempt to gun-down the owner of TST group of companies last year.
However, he said that there was still no strong evidence to prove that such syndicates existed.
With regard to the killing on Wednesday, he said the late Mr Wong’s wife and family are in Malaysia and have been informed of this tragic incident.
Mr Yakasa condemned the killing and vowed to commit all police resources towards catching the killers.
Mr Wong was from Malaysia and had lived and worked in Papua New Guinea for more than 20 years.
Mr Yakasa was deeply concerned about the killing, stating: “We have reason to believe that this was an assassination due to the manner in which the shooting was carried out.”

“I am concerned about this and I am sure many Papua New Guineans as well as our visitors and business partners are too.
“Police will take a hard line approach to this type of activity to ensure that it does not happen again,” he said while strongly maintaining that those caught will be dealt with severely.
Mr Yakasa is also appealing to the public who has any information regarding the assassination to come out to the police while also calling on those that might have an idea about anyone or groups that may have had something against Mr Wong that could have led to such extremities.
He said that this sort of crime is something new to PNG and the last thing is to see nationals getting involved in this.
The president of the Chinese Association in PNG Inc. Mrs Ni Cragnolini, has condemned the brutal murder of Mr Wong, saying it brought unnecessary unease to the community. She described Mr Wong as a well respected person in the Chinese business community who did not deserve to be a victim of such heinous crimes.
“Mr Wong was a well known Chinese businessman and was well respected by many in the PNG Chinese Community. This is such sad news for all those who knew him and we offer our deepest condolences to his family and friends.
“Any killing like this is a shock to all. It brings bad publicity to the country and causes unnecessary unease,” she said.
Mrs Cragnolini went on to condemn the brutal and senseless slaying and called upon the police to bring those responsible for this heinous crime to justice. She said: “Let the police do their job, be calm and let his family and friends grieve as they lay him to rest.” She urged for peace and calm in the community. 

Abal’s son in police custody

Source: 

The National – Thursday, June 16, 2011

PORT Moresby detectives were last evening questioning the adopted son of Acting Prime Minister Sam Abal at Boroko police station over the murder of an unidentified woman at the Abal residence grounds.
Police Commissioner Tony Wagambie said detectives, acting on intelligence information, picked up Theo Abal yesterday morning at the Ponderosa Hotel in Port Moresby.
Police have named him as the prime suspect after he went into hiding following the discovery of the body.
While overseas media, including Radio Australia, were telling their audiences last night that Theo Abal was charged with wilful murder, Wagambie said he had not been informed.
He was also unable to confirm reports that the victim’s throat had been slit and that the murder weapon – a knife – had been recovered by police.
The dead woman’s identity also remained unknown.
Her body is at the Port Moresby General Hospital morgue and police called on relatives of missing women to come forward to identify her.
The arrest, and subsequent actions by police, related to the discovery of a woman’s body on Monday morning inside the Abal residence grounds in Konedobu. On the night, guards at the residence told police they had seen a man walk in hand-in-hand with a woman through the gate.
Later, they said they heard a woman scream.
Following the discovery of the body, the acting prime minister called the police commissioner and reported that there was a body inside his yard.
He told the commissioner, and later parliament, that he and his family would assist police in their investigations and anybody found responsible would face the full brunt of the law.
The opposition yesterday called on the acting prime minister to step down while investigations into the case was under way.