Pictures of Rainbow Market, Port Moresby

These are pictures from Rainbow Market, Gerehu, Port Moresby, which were taken yesterday. Port Moresby is now into a brief respite during the December to March period, when the rain comes down in buckets and vegetables abound all over the capital city, as evident in these pictures. During this period, vegetable gardens can be seen all over the city, including precarious hillsides. Apart from the vegetables, you can buy fresh seafood such as fish, squid, octopus and sea shells as well as inland delicacies such as magani (wallaby) and tilapia, to name a few.

Leahy family helped open up Papua New Guinea Highlands to the outside world

By Rowan Callick, Asia-Pacific editor of The Australian

 

THE plane in which veteran pilot Richard Leahy almost died on a Papua New Guinea mountainside was appropriately registered as P2-MJL, the initials of his father Mick James Leahy - one of Australia's most colourful and successful explorers.

This was the feisty figure who led the expeditions in the early 1930s that established for the first time that the Highlands of PNG were not "empty" but packed with vibrant cultures.

Richard was born in Sydney in 1941 but soon with mother Jeanette joined his father, who had been in PNG since 1926.

His first wife Robin said yesterday: "He's been an aircraft fanatic since the age of four, it's his great love and interest. Practically every photo he has taken has an aircraft in it somewhere."

He extended this passion into his interest in history, discovering and photographing World War II plane wrecks all over the Pacific.

Richard learnt to fly in a Tiger Moth in Lae 50 years ago, and completed his training in Australia the following year, 1960. He bought his first Cessna - it was a Cessna in which he crashed on Wednesday - in 1967.

His father Mick - known widely as "Masta Mick" - died 30 years ago at Zenag, on a mountain top in Morobe province, where he is buried.

Born in 1901, he was the fourth of nine children of Irish migrants who had settled in Toowoomba. He and his brothers Paddy, Jim and Danny rushed to the Edie Creek gold strike in PNG in 1926.

There, writes historian Jim Griffin in the Australian Dictionary of Biography, "they learned the skills of prospecting and survival".

In 1930, seeking to trace gold upriver, he persuaded the Australian authorities to allow him to embark on the first of what were to become 10 expeditions into the Highlands.

Conventional wisdom held that the Highlands were virtually unoccupied, because the climate was too cold for tropical people. On an expedition with his brother Danny and Charles Marshall, they gazed over the Wahgi valley that was and remains one of the most populous parts of PNG - the first outsiders known to have ventured into the heart of the Highlands.

They found substantial gold only at Kuta in the Western Highlands. Mick summed up the Highlands to fellow expeditioner Jim Taylor: "Jim, good country, good climate, good kanakas, too good to find gold in."

Danny went on to become a coffee farmer, marrying a Highlander and establishing a separate dynasty that included Joe Leahy, the central figure in the widely applauded films of Bob Connolly and the late Robin Anderson, Joe Leahy's Neighbours and Black Harvest.

Connolly and Anderson had earlier made First Contact, which included footage of early expeditions of the Leahys.

Another Danny Leahy, a nephew of Masta Mick, who co-founded a distribution company, Collins and Leahy, became a major figure in rugby league and died a year ago as Sir Danny Leahy, the only member of the extraordinary family to be knighted - so far.

 

 

Hello, my name is Keith

Hello, my name is Keith Nalu, and I'm two years old, the baby of the Nalu family.

Dad took these pictures of me yesterday - New Year's Day - at our place with my red ball.

Dad took my sister Moasing, brother Gedi and me to the recreational park at Gerehu Stage Two yesterday where we had fun while he took pictures.

The eldest in our family, Malum Jr, is still in Lae where he has been since Grandma's death last September.

Dad then took us for a bus ride to his office at The National newspaper at Waigani, and after that, he treated us to ice cream at Big Rooster.

We caught a bus back home to Gerehu and Dad took pictures of us at the new fountain.

A Happy New Year to you all!

An icrecream for the New Year

I treated my three children Moasing (left), baby Keith and Gedi to a generous serve of icrecream at Big Rooster Waigani, opposite where I work at The National newspaper, for New Year's Day.

My eldest son, Jr Malum, is in Lae with my family and will be back in time for school.

International peacekeeping is not national priority

BY REG RENAGI

 

Madeline Arek’s recent National newspaper report, “PNGDF for peacekeeping duties” and Defence Minister Dadae’s media statements compels me to add that international peacekeeping is not a national priority as discussed here. 

 According to this news report, Parliament also recently passed the PNGDF Amendment Bill 2008 to allow among other things, committing our military to international peacekeeping duties in future.  A youth and school cadet programme towards nation building and national security are also in the pipeline. 

 The Minister’s statements have important strategic implications for PNG.  It surprisingly comes amidst no real parliamentary discussions on this issue and on related national security matters. 

 This important Defence Bill and others over the years are passed with little or no in-depth debate by politicians in parliament, and excludes the public.  Ongoing public opinion do determine much of our public policy considerations in formulating strategic government policies, hence, it is most crucial parliament fully debate all strategic implications with this bill before any legislative decisions can be made for obvious reasons.  

Defence must plan its future roles and activities better from here on as despite two Defence White Papers in 1996 and 1999 respectively and a near 62% cut in 2001, core Defence capacity has substantially eroded.  This seriously has affected Defence’s effectiveness to rapidly respond to national emergencies in recent years.  Here is the way ahead. 

 First of all, overseas peacekeeping missions for the PNGDF should not be a national priority at this stage.  Today’s national priority must be to now focus on homeland security by seriously addressing the most basic things lacking with our military.  The government must fully ensure the PNGDF is well equipped to deal with the many transnational security concerns PNG has now.   

 Secondly, get the PNGDF to start doing its basic functions well and fully resource it with a realistic budget of some 2.8% of GDP.    

 Thirdly, implement a realistic action plan now to systematically upgrade all three force elements in the next decade sound management synergies with all levels of the Defence organisation. 

 Fourthly, rather than deploy troops on peacekeeping duties overseas, get our Defence Force to do more national development programs in rural PNG.  The government must immediately establish a “Reserve Force” to directly contribute towards national security and development.  A ready reserve scheme can be activated immediately today in the provinces to ensure effective management of government goods and services to all provinces. 

 Last but not the least, develop and implement a creative youth and school cadet programme.  We must inculcate general, positive attitude and strong committed ethos of service to others by our young people.  It is time we fully harness them in leadership endeavours. 

PNG can now adopt a military reserve force concept to develop the mindset of our growing young population to serve their country to their fullest potential with pride, dedication and commitment.  This is one good way to protect PNG as a well secured and developed nation tomorrow.

Notwithstanding, I want to commend Minister Dadae in trying his best these past two years to improve Defence under very difficult conditions.  Defence is a difficult portfolio for any MP in recent years to successfully manage, especially when the government and parliament clearly lacks the required knowledge and skills in most matters concerning national security of PNG.  What Defence Ministry urgently needs now an immediate increase in manpower and budgetary support from the government and parliament, the department and defence force, Industry and general community. 

·        The writer is a former Defence chief, now a maritime school trainer and  freelance writer

 

What will it take, Papua New Guinea, to open the can of worms?

By REGINALD RENAGI

 

A popular Papua New Guinea blogger recently raised some pertinent questions: what will it take, what is the PNG Ombudsman Commission doing about this; and whether a written deal exists between the government and this public watch dog not to go after certain MPs referred to it for investigation? 

It embarrasses many Papua New Guineans to explain to anyone why the average politician in his/her country seems undeterred by public opinions of any kind.  Unlike some democracies, where politicians caught in misconduct cases will either resign, or step down to be investigated, but not so in PNG.  

In such cases to date, an implicated MP usually denies publicly any adverse reports about his alleged actions.  The errant politician will accuse the media of being misrepresented, misquoted by inexperienced journalists; and that local papers are spreading false stories to discredit his reputation. 

The MPs involved do not even feel disgraced at all, or feel compelled to temporarily step down from office to await  investigations (if any).  Despite public outrage, politicians unashamedly hold on to their jobs with the prime minister failing to take tough action to ensure parliamentarians (mostly in government) do the ‘right thing’ under the circumstances.   Over the years, successive prime ministers have all failed in this regard.

The citizenry today do not even bother about writing another useless letter of complaint to their local MP.  It is a complete waste of time.  Except for a handful, most ‘pollies’ are just big disappointments to their electorates.  The so-called ‘big men’ are either too busy doing something unrelated to their constituent’s interests, or simply ignores the complainant as a mere trouble-maker.

As for the PNG Ombudsman Commission (OC), it may soon be made powerless if the government has its way.  The OC started off well with a new Chief Ombudsman's (CO) appointment with ’gusto’. The new incumbent discontinued master’s studies in Australia to take up his political appointment under a newly elected government after the 2007 elections. From the outset, the CO publicly reminded the 'pollies' and senior beauracrats; the commission will do its job without fear or favour and keep public office holders on their toes.  This message was fully embraced by the public. But in recent times, this earlier passion may have somewhat waned.  This must not be so.

The familiar trend under all former COs repeats itself as political inertia takes over.  This sound familiar and the government know this.  It is a real pity it won’t fix the problem as the whole thing works in its favour.  As with most state institutions, the commission has limited resources with so much to do to clear a huge backlog of outstanding cases.  With little capacity and money, the OC has become like other state agencies waiting to be given adequate resources to do its job well.

Is there any secret written deal between the government and OC?  I do not believe there is, even if that is a perception now. The CO has found out what all his predecessors were frustrated about.  He is doing his best but is being swamped by the magnitude of the job.  

On the whole, the OC has to date done a sterling job, but it must do more than what it is doing now, or not doing; to put away some bad politicians behind bars.  It will need the help of the Attorney General’s office and all law enforcement agencies working as one team.

However, if that is not bad enough, the government now plans to pass a bill to further regulate the watch-dog.  It shows the government has something to fear to curb the powers of the commission. If this regulation bill is ever passed in parliament then PNG will experience more gross political abuses of power.  The end state will be the PNG Ombudsman Commission becoming a mere ‘paper tiger’ with no powers to stop ‘crooks’ occupying public offices in future.

In addition, PNG needs a chain reaction to be started by committed Department secretaries, government board chairmen, public and private sector, civil society and the general public to point-blankly tell their MPs just …’where to stick it’.  This may be just what it will take to stop them.  

Pictures of Port Moresby's new fountain

I celebrated New Year's Day with my three children (Moasing, Gedi and Keaith) in the recreational park at Gerehu Stage Two in Port Moresby, including the new foundation - opened on Christmas Day by National Capital District Governor Powes Parkop - which is a crowd puller every day and night, when it looks spectacular with an explosion of coloured lights.

This is the second fountain in Port Moresby, the first being at Five-Mile.

Port Moresby has certainly come a long way in 2009, and in 2010, promises to be an even better and beautiful city, especially with the massive LNG project coming on stream.

Pilot is part of the great Leahy dynasty

From JOHN FOWKE

 

Richard Leahy (pictured) is one of the sons of the late Mick Leahy and Mick's widow, Mrs Jeanette Leahy, who has only recently retired to Sydney from PNG despite being in her late eighties.

They built up the Zenag Farm business which is a major chicken and beef supplier in PNG situated at Mumeng, halfway along the road between Bulolo and Lae. This is run by Mick's son Philip who, with Richard, has remained in PNG.

Richard has for many years operated an air charter service out of Lae (Nadzab) and is one of the most experienced pilots operating in PNG.

His plane developed engine trouble on a trip to a remote airstrip in Morobe Province. Richard issued a mayday call and stated that he was going to put the plane down as best he could.

The plane was extensively damaged and caught fire immediately it hit the ground. The six passengers, all from villages in the area he was heading to, died.

Richard managed to drag himself out and get away from the flames but suffered a broken spine and major burns to his legs and the lower part of the body.

He is in Royal Brisbane Hospital, where he was operated on yesterday.

His son Nick - from Richard's first marriage - is looking after things in Lae and minding his small half-sister, as her mother has gone to Brisbane to be with Richard.

Richard has been flying small planes in PNG for the past 40 years. Luckily there was a helicopter in the air nearby at the time of the crash and it was able to land near the crash site and uplift Richard to Lae.

New Year's Day in Port Moresby

Contrary to what people have been saying, there was no trouble in Port Moresby last night, with people celebrating peacefully all over the city.

This morning, I took my kids to the park at Gerehu Stage Two and here are some pictures.

Happy New Year 2010

A Happy New Year 2010 to readers and followers of this blog from all over the world from me and my four young children Malum Jr (9), Gedi (7), Moasing (5) and Keith (2).
Thank you for your support in the past and I look forward to even more support from you this year as I strive to bring you the best (and the worst) from Papua New Guinea.
God Bless You All in your various endeavours this year.
You can email me at malumnalu@gmail.com with your thouughts and comments, otherwise, just make a comment at the bottom of this posting.

Malum

'Captain Cautious' fights for life after PNG crash

Pilot Richard Leahy was transferred to Royal Brisbane Hospital with serious burns. (http://www.pacificwrecks.org: Justin Taylan)

ABC

An investigation is underway into a plane crash in Papua New Guinea that has killed six people and left their Australian pilot in a serious condition in a Brisbane hospital.
Four adults and two children died when the Cessna 185 came down while heading to a remote airstrip in the Sarawaget mountain ranges of the Morobe province yesterday.
Sydney-born Richard Leahy, 68, who owns Kiunga Aviation, was the sole survivor.
His son Nicholas Leahy says his father was airlifted to Brisbane for treatment.
"He's in a serious condition. He's in the Royal Brisbane Hospital in the trauma unit," he said.
"He's got burns to 46 per cent of his body, he's also got a fracture in his spine. Most of the burns to his body are third-degree burns and he's being operated on as we speak."
It is believed the plane may have had engine trouble.
Nicholas Leahy says his father is an experienced and well-respected pilot.
"Dad's been flying up here for 40 plus years," he said.
"You'd be hard-pressed to find another bush pilot in New Guinea that's got more experience than him, especially in the mountain range which is his local area. His nick-name is Captain Cautious."
Morobe provincial police commander Peter Guinness, police and medical officers were flown to the accident site on Wednesday to retrieve the remains and wreckage, The National newspaper reported.
"The plane was completely shattered and we could not do much," he said.
No immediate cause for the crash has been offered because conditions in the area were considered fine.
"We will wait for the Civil Aviation Authority to do their investigation," he said.
Over the past few decades Mr Leahy, who lives at Lae, has been involved in the discovery of dozens of WWII wreck sites in PNG.
He has worked closely with the US Army CILHI, recovering the remains of troops missing in action and returning them to the United States.
It is the second plane crash in PNG this year after a plane came down in the Kokoda area in August, killing 13 people including nine Australians.

Aussie pilot Richard Leahy critical after PNG plane crash

By Ilya Gridneff and Peter Veness of AAP in Port Moresby

- Aussie pilot badly burnt in PNG crash
- Passengers were all PNG citizens
- Cause of plane crash not yet known

SIX people are dead and their Australian pilot is fighting for his life in hospital after their light plane crashed in Papua New Guinea.
Australian pilot Richard Leahy, who runs Kiunga Aviation, was flying the plane yesterday when the engine caught fire above the mountainous terrain of Morobe Province, on PNG's northwest coast.
Leahy, 68, survived the crash but is fighting for his life in a Brisbane hospital.
The plane had departed from Nadzab and was flying to the Baindoang airstrip when it crashed.
Nicholas Leahy, Richard's son, told AAP his father had reported "a loss of all pressure and total engine failure".
Richard Leahy is being treated for severe burns.
"He's in the trauma ward of the Royal Brisbane Hospital," Nicholas said.
"He's got third degree burns to 47 per cent of his body and he's got a fracture in his spine."
The passengers were all PNG citizens. There were four adults and two children.
The deadly crash comes five months after the Airline PNG Twin Otter tragedy in the Kokoda on August 11 that claimed 13 lives, including nine Australians on their way to trek the Kokoda Track.
Morobe provincial police commander Peter Guinness, police and medical officers were flown to the accident site yesterday to retrieve the remains and wreckage, The National newspaper reported.
"The plane was completely shattered and we could not do much."
No immediate cause for the crash has been offered because conditions in the area were considered fine.
"We will wait for the Civil Aviation Authority to do their investigation," he said.

Map of yesterday's plane crash site in Papua New Guinea

First pictures of yesterday's plane crash in Papua New Guinea

Pictures by BUSTIN ANZU of the Royal Papua New Guinea Constabulary

Papua New Guinea air crash kills six

Police, villagers and rescuers looking on as Morobe provincial police commander Insp Peter Guiness (left) takes a closer look at the tail section of the plane which crashed at the Bengun hillside yesterday morning after retrieving bodies of those who died as well as airlifting the injured pilot to Lae for further medical treatment.

Six people were tragically killed when a Cessna 185 fixed wing aircraft, owned by Kiunga Aviation, crashed early yesterday in the rugged Saruwaged mountain ranges of Morobe province, Papua New Guinea, The National reports.
All six passengers, including two children, died instantly on impact.
Amazingly the pilot Richard Leahy, who owns the third level airline, survived but was in critical condiction.
The plane departed Nadzab and was headed for Baidoang airstrip when it crashed.
The charred bodies of those killed are now at the Angau Memorial Hospital morgue in Lae while Mr Leahy was evacuated to Australia for medical attention.
The 63-year-old pilot was found by locals, screaming for help near the wreckage, shortly after the crash.
The bodies of the passengers were retrieved by a search and rescue team led by Lae police and medical personnel.
Information received from the ground pinpointed the Bengun hillside, located between Gumbun and Tanam villages as the crash site.
The rugged location is about a three-hour walk from Boana, the Nawaeb district station, and is 17 nautical miles northeast of Nadzab airport.
At this stage, there are no definite leads to the cause of the crash, but engine failure is highly suspected as the weather was fine and Mr Leahy has a wealth of flying experience in PNG.

Hitchiker

From PAUL OATES

We've just had some rain and I was about to attach the grader blade to the tractor to regrade the gravel on some of the roads when I noticed a hitchhiker had decided to get out of the rain.

A balanced Papua New Guinea budget for 2010?

By REG RENAGI

The PNG government claims it will have a balanced budget next year. The opposition party has further highlighted many key areas the government has missed out, or given low priority to in its 2010 Money Plan.

Many sectors are also complaining our next years' budget is far from being a balanced budget. What is a balanced budget anyway? Assessing any government budget will always been a subjective assessment.

Every government will always claim they have a balanced budget. There is no such thing as a balanced budget as many critics will always pick holes in any budget. They will always find many needy areas that the government has missed out on when drawing up its budget plan.

In future, the government must substantially do more other than say it has a balanced budget. Many priority areas are underfunded from previous years. There are important fundamental areas a budget must always cover are missed for a whole range of reasons. Successive governments have done this, even the opposition now picking holes in next year’s budget.

In addition, I suggest our government must do some required readjustments in 2010. It must complement any good budget by ensuring to put in place some effective mechanisms to achieve good financial management and accountability.

For many years, I see one great barrier that has prevented successive PNG Governments from addressing the real world issues of job creation, urban migration, health care and education, and that is our country's weak; and fragile fiscal position. In 2010, the government can increase PNG's revenue stream through developing new business opportunities in industry and other targeted government investment.

In addition, the government must do more than increased revenues. It should first of all put PNG's 'Fiscal House' in order that will always require sound fiscal management of government's current expenses. Its fiscal policies should be aimed to keep a tight rein on government spending, and refocus new spending to key priority areas that will boost sustainable economic growth.

The government must also provide real financial management, real transparency and real accountability. A new approach must now be found to stabilize the government's fiscal position.

I suggest next year, our government should try some future strategies like keeping real program expenditures constant by limiting the annual growth in spending to the anticipated growth in inflation. Any new needs that arise must be reasonably accommodated within this budget constraint.

The government must also ensure value for money by eliminating ineffective and inefficient programs. To do this, it should set objectives for program spending and tracking results. Another financial strategy is stopping the practice of year-end spending to use up unspent budgetary allocations, and assign any unanticipated budget surplus to debt reduction. So by reviewing financing arrangements to service the country's debt, the government can also immediately review all financing arrangements in all departments to cut the country’s debt; and reduce interest cost.

For many years now, governments spend up to some eighty per cent of its budget towards salaries and employee benefits. In the next five to ten years it must use this period to rationalize the workforce by reducing the size of its public sector workforce through rationalization strategies like: natural attrition, retraining for redeploying into the private sector.

Another good future strategy is to conduct a review of all government vehicle fleet and determine how many are necessary for government operations and downsize accordingly. Thus, by doing a further cost benefit study; it will be able to accurately determine whether these vehicles should be purchased or leased. All travel expenditures for elected and non-elected officials must also be reviewed and reduced.

Possible Constitutional impasse in Papua New Guinea

From PAUL OATES

Is there a possible weakness in the Papua New Guinea Parliamentary accountability process?
The Ombudsman has been tasked with investigating (among others), the current Speaker of the House. How can the Ombudsman report to either the PM or the Speaker on his findings and not raise doubts about the investigation's result being released and acted upon? How can the PM or Speaker act on his own case? Where is the separation of powers?
(excerpts from the PNG Constitution in red)

22. Enforcement of the Constitution
22.
The provisions of this Constitution that recognize rights of individuals (including corporations and associations) as well as those that confer powers or impose duties on public authorities, shall not be left without effect because of the lack of supporting, machinery or procedural laws, but the lack shall, as far as practicable, be supplied by the National Court in the light of the National Goals and Directive Principles, and by way of analogy from other laws, general principles of justice and generally-accepted doctrine.

           23.        SANCTIONS.

(1) Where any provision of a Constitutional Law prohibits or restricts an act, or imposes a duty, then unless a Constitutional Law or an Act of the Parliament provides for the enforcement of that provision the National Court may-

(a) impose a sentence of imprisonment for a period not exceeding 10 years or a fine not exceeding K10 000.00; or
(b) in the absence of any other equally effective remedy under the laws of Papua New Guinea, order the making of compensation by a person (including a governmental body) who is in default,

or both, for a breach of the prohibition, restriction or duty, and may make such further order in the circumstances as it thinks proper.

(2) Where a provision of a Constitutional Law prohibits or restricts an act or imposes a duty, the National Court may, if it thinks it proper to do so, make any order that it thinks proper for preventing or remedying a breach of the prohibition, restriction or duty, and Subsection (1) applies to a failure to comply with the order as if it were a breach of a provision of this Constitution.

(3) Where the National Court considers it proper to do so, it may include in an order under Subsection (2) an anticipatory order under Subsection (1).


           27. RESPONSIBILITIES OF OFFICE.

(1) A person to whom this Division applies has a duty to conduct himself in such a way, both in his public or official life and his private life, and in his associations with other persons, as not-

(a) to place himself in a position in which he has or could have a conflict of interests or might be compromised when discharging his public or official duties; or
(b) to demean his office or position; or
(c) to allow his public or official integrity, or his personal integrity, to be called into question; or
(d) to endanger or diminish respect for and confidence in the integrity of government in Papua New Guinea.

(2) In particular, a person to whom this Division applies shall not use his office for personal gain or enter into any transaction or engage in any enterprise or activity that might be expected to give rise to doubt in the public mind as to whether he is carrying out or has carried out the duty imposed by Subsection (1).

(3) It is the further duty of a person to whom this Division applies-

(a) to ensure, as far as is within his lawful power, that his spouse and children and any other persons for whom he is responsible (whether morally, legally or by usage), including nominees, trustees and agents, do not conduct themselves in a way that might be expected to give rise to doubt in the public mind as to his complying with his duties under this section; and
(b) if necessary, to publicly disassociate himself from any activity or enterprise of any of his associates, or of a person referred to in paragraph (a), that might be expected to give rise to such a doubt.

(4) The Ombudsman Commission or other authority prescribed for the purpose under Section 28 (further provisions) may, subject to this Division and to any Organic Law made for the purposes of this Division, give directions, either generally or in a particular case, to ensure the attainment of the objects of this section.

(5) A person to whom this Division applies who-

(a) is convicted of an offence in respect of his office or position or in relation to the performance of his functions or duties; or
(b) fails to comply with a direction under Subsection (4) or otherwise fails to carry out the obligations imposed by Subsections (1), (2) and (3),

is guilty of misconduct in office.

28. Further Provisions

(1) For the purposes of this Division, an Organic Law-

(a) may give to the Ombudsman Commission or some other authority any powers that are necessary or convenient for attaining the objects of this Division and of the Organic Law; and
(b) shall make provision for the disclosure to the Ombudsman Commission or some other authority of the personal and business incomes and financial affairs of persons to whom this Division applies, and of their families and associates, and in particular of interests in contracts with governmental bodies and of directorships and similar offices held by them (including powers to nominate directors, trustees or agents, or similar officers); and
(c) shall empower the Ombudsman Commission or some other authority to require a person to whom this Division applies to dispose of, or place under the control of the public trustee, any assets or income where this seems to be desirable for attaining the objects of this Division; and
(d) may prescribe specific acts that constitute misconduct in office; and
(e) may create offences (including offences by persons to whom this Division applies and offences by other persons); and
(f) shall provide for the investigation by the Ombudsman Commission or some other authority of cases of alleged or suspected misconduct in office, and confer on the Commission or authority any powers that are necessary or convenient for that purpose; and
(g) shall establish independent tribunals that-

(i) shall investigate and determine any cases of alleged or suspected misconduct in office referred to them in accordance with the Organic Law; and
(ii) are required subject to Subsection (1A), to recommend to the appropriate authority that a person found guilty of misconduct in office be dismissed from office or position; and

(h) may make any other provision that is necessary or convenient for attaining the objects of this Division

(1A) An Organic Law may provide that where the independent tribunal referred to in Subsection (1)(g) finds that-

(a) there was no serious culpability on the part of a person found guilty of misconduct in office; and
(b) public policy and the public good do not require dismissal,

it may recommend to the appropriate authority that some other penalty provided for by law be imposed.

(2) Where an independent tribunal referred to in Subsection (1)(g) makes a recommendation to the appropriate authority in accordance with that paragraph or with Subsection (1A), the appropriate authority shall act in accordance with the recommendation.

(3) For the purposes of Subsections (1)(g), (1A) and (2), "the appropriate authority"-

(a) in relation to-

(i) a person holding an office referred to in Section 26(1)(a), (b), (c) or (d) (application of Division 2); or
(ii) a person holding an elective office that is declared under Section 26(3) to be an office to and in relation to which this Division applies,

means the Head of State; and

(b) in relation to a person holding any other office to which this Division applies-means the appropriate appointing authority.

(4) An Organic Law may provide for the suspension from office of a person to whom this Division applies pending the investigation of any case of alleged or suspected misconduct in office by him.

(5) Proceedings under Subsection (1)(g) are not judicial proceedings but are subject to the principles of natural justice, and-

(a) no such proceedings are a bar to any other proceedings provided for by law; and
(b) no other proceedings provided for by law are a bar to proceedings under that paragraph.



29. PROSECUTION OF MISCONDUCT IN OFFICE.



(1) Where the Ombudsman Commission or other authority referred to in Section 28(1)(f) (further provisions) is satisfied that there is a prima facie case that a person has been guilty of misconduct in office, it shall refer the matter to the Public Prosecutor for prosecution before a tribunal established under Section 28(1)(g) (further provisions).

(2) If the Public Prosecutor fails to prosecute the matter within a reasonable period, the Commission may prosecute it in his stead.



3           0. OTHER AUTHORITY.

Where another authority is prescribed under Section 28 (further provisions) that authority-

(a) shall be composed of a person or persons who are declared under Section 221(1) (definitions) to be a constitutional office-holder; and
(b) is not subject to direction or control by any person or authority.



3          1. DISQUALIFICATIONS ON DISMISSAL.

(1) A person who has been dismissed from office under this Division for misconduct in office is not eligible-

(a) to election to any elective public office; or
(b) for appointment as Head of State or as a nominated member of the Parliament; or
(c) for appointment to a provincial legislature or provincial executive (including the office of head of a provincial executive), or to a local-level government body, for a period of three years after the date of his dismissal.

(2) In the event of doubt as to whether an office or position is an office or position to which Subsection (1) (a), (b) or (c) applies, the decision of the Ombudsman Commission is final.

Under the principle of 'Separation of Powers', the Chief Justice can only hear cases that are put to his Office, not determine what those cases are. The Ombudsman could establish an 'independent tribunal' (28. g.i., ii. above), be set up under these exceptional circumstances, to resolve the apparent impasse and to provide a process that is clearly transparent to the people of PNG.
For example: Why not have the Ombudsman hand his report about the PM, Deputy PM and the Speaker to a bipartisan Parliamentary Committee, possibly chaired by the Governor General? That would provide probity and maintain transparency and conform to Sec 29. (b) above. The Parliamentary Committee could then refer any matter arising from the Ombudsman's report to the National Court, thus maintaining a separation of powers in these exceptional circumstances. If the Public Prosecutor refuses to act, the Commission may act in his stead. (29. (2.) above).
Is there a Constitutional lawyer available who might be able to throw some light on this situation?

So what do we call this decade?

I just realised that the decade has almost ended and there is still not really a name for it. You have the 80s and the 90s. What in the world do you call the years between 2000 – 2010? 00s sounds silly. Or I guess you could also call it the “double-Os,” still ridiculous.

I read that some people are calling it “the aughts” or the “aughties.” Ummm…nice try, but that sounds worse than 00s. Your attempt to be cutesy with it is actually more of a failure than anything else.

Me? I usually call it the 2000s. Simple, truthful, and people can understand what I years I am referring to. However, when you get to the year 2011 and beyond, and you are calling 2000 – 2010 the 2000s, then what do you call the rest of the years?

It is a debate that is not going to alter anyone’s life, but it’s still an interesting one to think about. What do you think we should call this decade?

 

Papua New Guinea Public Service Commission overpayments

From PAUL OATES

"Quis custodiet ipsos! Custodes? (Who is to guard the guards themselves?) Juvenal (63 -130)
I refer to the article below in The National on Tue 29Dec09
If the PNG Public Service Commission is currently under investigation, then all those who have been identified by the Public Accounts Committee should be required to take paid leave until after their investigation is complete. How can the PNG public service have any faith in their Service's leadership if the rot apparently starts from the top?
If there is prima facie evidence that the PS Commissioners may have breached the law, the recipients should not be allowed to continue to act in their role as Commissioners until the matter is resolved. No wonder that there are constant disputes over 'missing' millions of Kina.
Where overpayments are detected there must be immediate action. There are only two possible alternatives:
1. There has been an unintentional mistake by both those paying the out the public monies and those receiving the funds, or
2. There has been intentional theft.
In the first instance, those who have received funds they were not entitled to must demonstrate they didn't know they were being overpaid. They must then pay these public monies back immediately. If necessary, recipients of overpayments must either negotiate with their employer (the PNG government) for pay the overpayment back by instalments on their salary within a very limited time or they go out and get a bank loan like everyone else has to.
The longer they take to pay bank the overpayment, the more they should be charged compound interest on the overpaid funds. Recipients MUST not come to believe they actually own the overpaid money as these funds have virtually been an interest free loan (from the public taxpayers). These actions are essential otherwise it sets a benchmark that others could expect to follow.
In the second instance, it is a matter for the police, public prosecutor and courts. While no one should be declared guilty until proven so in a court,
there might be some possible leniency offered by the court if the recipients paid all overpaid money back immediately as an act of good faith.
Any departure from the above alternatives will give an entirely wrong message to the rest of the PNG public service.

Paul Oates
_________________________________________________

Tue, 29/12/2009
'PSC bosses overpaid by millions'
Source:
By BARNABAS ORERE PONDROS
THE Public Accounts Committee (PAC) has established that commissioners of the Public Service Commission (PSC) and several staff received significant "extra" payments of salary and entitlements running into "millions of kina" and there is sufficient evidence for investigations into the commission.
Government insiders said the figures actually run into "millions of kina", and according to a PAC document ""there is prima facie evidence of possible
breaches of law by Commissioners, officers and staff of the commission sufficient to warrant referral for further investigations".
At this stage, no figures were disclosed because "there is evident confusion as to the true entitlements of Constitutional office holders".
But according to the document, an executive summary of PAC findings, obtained by The National, the PSC "admits the fact of all of the payments,
but challenges the amount of those over payments".
Despite the challenge and confusion the PAC "finds that commissioners of the Public Service Commission accepted large overpayments with no query or demur".
The PAC also found that there were significant failures of management, command control, accountability and record keeping within the PSC.
The PAC considered this a reckless indifference and said commissioners "should be relieved of their positions" and the matters be urgently
addressed by the Government.
PAC investigations into the PSC stem from a report from the Auditor-General dating back to Dec 28, 2004, and several amended reports.
Although the PAC criticised the quality of the Auditor-General's original report, it endorsed its findings and related amendments.
On that, the PAC resolved that its findings be presented to Parliament as per the Public Finances (Management) Act and Permanent Committees Act.
For a start, the PAC advocates for an urgent review into the receipts of salary and allowances of all commissioners and other Constitutional office
holders.
It also resolved that it would approve and direct the findings of the Auditor-General's office report to the Ombudsman, the Public Prosecutor, the
Solicitor General, the Police and the Department of Personnel Management.
Furthermore, that the salaries and remuneration commission urgently consider the content of the Auditor-General's report and clarify the true
entitlements of Constitutional office holders in order that overpayments and other abuses may be identified and stopped.
The Government source said such issues of overpayment of salaries and entitlements are a protracted issue and a chronic problem in the public
service that needs to addressed.
"And this is uncalled for, especially from the premiere public service body in Papua New Guinea," the source said, adding "for how long can we allow
such abuse of funds to continue when the majority of people in rural areas, and taxpayers are deprived of essential services".
PAC member Sam Basil, when commenting on these findings, stressed that the Government must provide relevant support to ensure recommendations presented are implemented and achieve results.

Papua New Guinea must prepare for Mexico climate change meet

By REG RENAGI

 

So much for all the media hype about the big deal we have to have to save our planet.  The recent UN climate summit in Copenhagen failed to meet the world’s expectations.  All the hard work by 192 countries to reach some sort of agreement in Denmark came to nothing.  It’s back to the drawing board. 

 

Papua New Guinea wasted a lot of time and money going to Copenhagen when nobody got to hear what we have to say.  Now we wait for the same meeting next year in Mexico. Before Mexico, the media hype will start all over again by scientists and certain rich nations world leaders grandstanding to everyone about the ‘new big deal of all deals’ this time to again save our world.  But isn’t that what they said last time?  Do we believe them again this time?  Well maybe; maybe not.

Next year, PNG leaders (yes, the same politicians) will again talk up a storm to convince its still illiterate 6 million people about how great our new REDD paper will be for the Mexico meet.  In Mexico, we are going to tell the big polluters what we didn’t tell them in Denmark.  But why didn’t we do it last time when we are supposed to have spent some K8 million, and for what?  Are we going to spend another K8 million or is in dollars or pesos this time?  But what’s in it for us (PNG)? Nothing, nada, zilch, ‘gauta lasi’.

Copenhagen failed us all.  There wasn’t any so-called Treaty, Agreement or Accord.  The next big thing may be the ‘Mexico Memorandum’.  We hope Climate Change Mexico will come up with something more legally binding this time to commit the rich nations.  These are the big climate polluters like the US, China and other industrialized countries who must all agree to cut their carbon emission levels, and accepted by all conference participants.

PNG must seriously analyze what Copenhagen’s failure really means and be better prepared for Mexico.  In Copenhagen, everyone failed to agree what definite future action to take to save our world.  The conference agreed to all procrastinate until next year.  In Mexico, we will see more repeat performances in platitudes and pontification by rich nations, and acquiescence by poor nations.  They seem to have little choice but heel to the arrogance of polluting countries. 

This failed conference should tell PNG a lot about the world political order today.  The global human race club has two types of membership.  They form within two sub-clubs: the rich and poor men’s clubs.  But in reality the fate of the world is exclusively in the hands of the rich man’s club (G20 group).  They think they should always call the shots because they have the financial resources, high technology, well organized government and affluent society, etc.  A member of the poor man’s club like PNG and other small poor nations, unfortunately have no real say at all (or do we?).  Maybe one day. 

Copenhagen did not have any true champions to push its set agenda.  Even the US proved a major disappointment to everyone.  President Obama gave a very ordinary address that did not excite anyone at all.  Obama even got accused of not taking the expected leadership role to get big recalcitrant polluters like China to come to the fold.  Some say his Copenhagen address has made him no different to his predecessor. 

However, if there was ever any deal of some kind, then one can say it was between the US and China, India, South Africa, and Brazil which established a kind of a negotiating bloc.  The four developing nations asked for and got the following: no compulsory limits on carbon emissions, no emissions reduction unless Western nations pay for them, no international monitoring of emission reductions if not paid for by the West and lastly, not to use global warming as an excuse to impose protectionist policy of trade restrictions on those who do not reduce carbon emissions.

What can PNG learn from this?  First of all, be better prepared for Mexico.  Second, cut travelling delegates down to six with no unnecessary brief-case carriers.  Third, we start now by drafting a good bipartisan paper to present next year.  Fourth, canvas all stake-holder’s viewpoints.  Get community feedback from everyone (villager, rural, urban, the whole country) that may be affected in future by climate change.  Last but not the least, we can right then plan out exactly what we can actually do now within our own means and resources.  This is important before we even think about asking rich nations for a ‘hand-out’. 

PNG must have its own national “Climate Change Action Plan’ now.  Many things can be done by ourselves without waiting to go overseas and attend expensive ‘talk-fests’ at the behest of the rich men’s club.  We only show that we are really helpless without the West propping us up every time.

Papua New Guinea must reform its financial markets

By REG RENAGI

 

Papua New Guinea needs to have a vibrant financial market to boost its steadily growing economy. In addition, we must also explore the offshore option. Having an offshore stabilization fund as recently mooted by the Treasury may not be a flawed logic as many people may think. There are certain benefits involved.
However, it is important to be vigilant. We must be more aware of the offshore market conditions so we do not rush in without first assessing the market.
The government must do its own due diligence. Its financial advisors must not simply believe everything they are told by the overseas financial institutions until they have done their own investigation.
They must first investigate, analyze and confirm that the source (Banks, finance companies, etc) giving us the offshore option is also applying the same effective strategies themselves, and that the information given is truly genuine, and from reliable financial advice service sources.
There has been a lot of talk in recent years about the benefits of placing funds (whether public, private or individual investors) in offshore funds (companies, trusts and investments). But let’s always be on guard that while some of this information may be correct, a lot of it can also be incorrect.
A common perception prevails that it is expensive, and may not be viable (especially for the average person).
So let us look at some reasons why an offshore funds investing can be an alternative investment choice for PNG.
Firstly, if we structure the offshore company correctly (this is vitally important) we can gain substantial tax benefits.
Second, we can access investments that we may not be able to invest here due to a narrow-base market.
Third, an offshore bank or company also suffers none of the restrictions we may currently have. It can freely invest in these investments that can yield from 25 per cent to several 100 per cent a year.
Presently there may be existing constraints in government regulations regarding foreign prospectuses to anyone here, but can be sent to foreign companies.
What is more, people set up an offshore financial structure (company) to manage investment funds for asset protection, privacy and confidentiality. In as far as international tax planning goes; an offshore funds investment has the advantageous use of foreign jurisdictions and their tax rules for reduction of tax liability.
There is also nothing wrong in keeping the money in our Central Bank, but there may be other inherent technical constraints that may take time to review.
In general, offshore investing is also a good strategy to diversify our country’s investment range. So apart from investing in PNG, it can also be a safe and good investment practice for PNG to have its surplus money in good international funds management jurisdiction.
Here our money is reinvested in several other high-yielding financial instruments to maximize upon good high investment rate of returns many International financial institutions and investment banks offer to its international clients.
On the other hand, while it is not that difficult to set up a Foreign Investment Fund as some people have recently suggested with surplus proceeds from our LNG in PNG, diversifying in an offshore investment opportunity is good investment practice. This way, we are simply not putting all our eggs in the one investment basket.
There are several prudent hedging strategies the government can use. Once done, we can then use creative financing to borrow offshore and loan to smaller Pacific Island countries earning revenue within an onshore financial market.
The power of OPM (Other People’s Money) allows the required flexibility to diversify our financial market and hedge against risks of providing offshore loans to other Pacific states. Such an onshore facility allows us to relend at lower but competitive interests rates.
OPM is a preferred option as it is not good investment strategy to use one’s own money, but the banks to leverage favourable interest rates.
Another good way to have a vibrant and diversified financial market is to create a futures market base in PNG.
We can now set up our own commodities futures and options exchange as opposed to the present passive local bourse (PomSox). Once set up, we then gradually and systematically build up a diversified range of investment opportunities onshore. The futures exchange can annually add a variety of new financial instruments for daily trading activity.
A futures exchange allows public (institutional, banks/finance companies, private and individual small-time) investors to do investment trading onshore than overseas. We can create wealth within our country now by trading futures contracts on common commodities like coffee, cocoa, copra, oil palm, crude oil, sugar, orange juice, pork bellies, currencies, financial indexes, to mention just a few.
The exchange can further dual list other commodities commonly traded on overseas futures (and options) exchanges. This will result in a greatly enhanced trading flexibility, increased volume, lower risk hedging factor and high leverage returns for investors; among others.
The government must also consider lowering onshore banking interest rates to around 2.5 and 3 per cent so the majority of our people are fully involved in growing our economy.
More onshore business opportunities can be realized by our people if the government is prepared now by being more innovative and create a vibrant financial market.
The country is ready for other alternative investment choices for our people. This must now be PNG’s immediate wealth creation strategy within the next five years as part of our government’s national strategic wealth plan for Papua New Guineans.
We can no longer wait and watch only foreigners acquire wealth at our expense.