Friday, March 25, 2011
Prime minister: Henimbha, it’s OK
SIR Michael Somare appeared a contented man as he left courtroom one at the Waigani courthouse about 4.15pm yesterday, The National reports.
Asked at the doorway to comment on the tribunal’s decision, he smiled and said henimbha (it’s okay) in the Sausa language, spoken commonly in the Yangoru-Saussia district, the Boiken area of Wewak’s west coast and along the Sepik highway.
Sir Michael was met with a loud applaud from the waiting crowd on the foyer of the courthouse.
He also told photographers surround his car to capture his mood: “I deserve a break, I will take a holiday now.”
Sir Michael then got inside his car to be driven to parliament, accompanied by Deputy Prime Minister Sam Abal.
At the parliament poolside, he and his cabinet ministers gathered for refreshment before calling it a day.
Sir Michael was heard later whispering to Petroleum and Energy Minister William Duma: “Now that I am going on leave without pay, I might as well rely on my horses to take me through.”
It is understood that the PM was referring to one of his other pastime of punting.
As the PM’s entourage left the courthouse, outside in the car park, there was a subdued silence among those who had that filled the court house courtyard and car park.
Following the tribunal decision, Sir Michael released a media statement that he “respects the rule of law and, therefore, accepts the penalties” handed down by the tribunal.
Sir Michael apologised to the people, saying: “As a leader, I take full responsibility for failing to fulfil certain administrative aspects of my duties and responsibilities of leadership by submitting several late and incomplete returns to the Ombudsman Commission.
“For this, I apologise to the people of Papua New Guinea for this administrative oversight.
“It is very important to emphasise, however, that the tribunal has found me innocent of any corrupt practices that fall in breach of the substantive provision of the Organic Laws on Leadership.
“Further, I was found innocent of any false or misleading statements.
“Rather, the tribunal found that my breach of the Leadership Code was simply an administrative offence involving later and incomplete statements.”
Sir Michael said for this reasons, “I welcomed and supported the earlier decision by the tribunal not to suspend me from office pending its deliberations”.
He said the establishment and operations of the tribunal clearly demonstrated that no one was above the law but should be treated equally.
The prime minister said these were both important principles that he had worked to protect during his 42 years in public office.
“I must make it clear that I have never sought to avoid dealing with the substance of the Ombudsman’s case,” he said.
“Rather, I was exercising my constitutional right to have my substantive matter heard that has been before the Supreme Court for the last three years.”
Sir Michael said while on suspension, he would visit his East Sepik electorate and spend quality time with wife Lady Veronica, children and grandchildren.
Deputy Prime Minister Sam Abal will be acting prime minister for the next two weeks.
“Abal is a bright and strong leader of the younger generation and he has my full confidence during this time and in the future,” the prime minister said.
“In accepting full responsibility and the suspension, I am pleased that this chapter of my long political career is now closed.
“I look forward to, with the help of my government, completing this term of parliament before retiring.
“I seek to carry my responsibilities to the people of PNG and fulfil our collective vision of a bright and secure future for present and future generations.”
Thursday, March 24, 2011
Millions lost in AusAID foreign aid scam
AusAID has 175 cases of fraud under investigation - stretching across 27 countries and totalling millions of dollars.
Documents released under Freedom of Information expose a criminal trail in some of the world's poorest countries, with widespread theft of money and forging of receipts.
They also show how food and other supplies are being diverted from dirt-poor communities and sold on the black market at inflated prices.
While AusAID insists it is improving fraud control, the documents also reveal police are often reluctant to intervene and charge local criminals - frustrating the agency's attempts to recover missing aid money.
In one extraordinary case, the Eritrean Government in 2006 seized food and other supplies from the UN's World Food Program, saddling Australian taxpayers with a probable loss of $1.25 million.
The revelations will do little to boost public confidence in a foreign aid program that is forecast to nearly double to $8 billion a year by 2015.
PNG emerged as corruption central with 71 cases of identified fraud - 40 per cent of the AusAID total - involving millions in missing funds.
Indonesia, which will receive $458 million in Australian assistance in 2010/11, recorded 31 fraud cases, followed by the Philippines at 20 and Solomon Islands with 19.
AusAID director-general Peter Baxter said fraud levels in foreign aid compared "very favourably" with domestic agencies like Centrelink.
"The level of fraud in our program from 2004/05 until December 2010 was 0.017 of 1 per cent of the $20 billion that had been appropriated to AusAID during that period," Mr Baxter said. And he denied fraud was on the increase, despite 16 cases being reported last November alone.
But FOI documents reveal how taxpayers' money is being squandered, with corrupt local officials and agencies profiting at the expense of the poor. Australia is one of the biggest aid donors in the world, focusing on the Asia-Pacific although the Government wants to expand its aid funding into Africa over the coming years.
The FOI documents reveal the difficulties of trying to manage a $4.5 billion budget while dealing with some of the most corrupt nations in the world. One investigation in Fiji, involving fraud of $37,670, has been closed with AusAID declining to report the matter to police "due to the highly sensitive political environment" in the Pacific island nation.
Other times, AusAID has struggled to establish fraud "because of the lack of a paper trail" while on other occasions businesses were paid money but then closed their offices.
An unknown amount of AusAID funds were caught up in a major scandal involving the African country of Mali with health workers allegedly embezzling hundreds of thousands of dollars.
The fraud involved "managing contractors" paid hundreds of millions to manage aid projects - including Cardno Limited, involved in 40-odd cases of fraud.
Asked bluntly whether fraud was out of control, Mr Buckley said "I wouldn’t say that".
Equally he conceded that "any lost dollars are not good".
"We are trying to deal with it," he said, of Cardno’s efforts to combat fraud.
"We reckon that we do a pretty good job."
He said Cardno – one of the biggest managing contractors to AusAID - have to report any suspected areas of fraud within 24 hours of hearing about it.
He said Cardno had "good processes" in place to detect fraud.
Tribunal suspends Somare for 14 days
A three-man leadership tribunal in Port Moresby handed down the decision this afternoon to a packed courtroom that for two weeks has heard the case regarding Sir Michael’s failure to lodge financial returns dating as far back as 20 years ago.
The tribunal chair Roger Gyles says the prime minister is suspended from office from and including April the 4 for 14 days.
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| Crowd outside the court room. |
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| Smiles from Somare supporters |
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| Somare and his deputy Sam Abal leave the court room |
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| Subdued crowd leaves the court house |
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| Somare's daughter Betha leaves the court house |
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| National Alliance 'big boys' Simon Kaiwi and Steven Pokawin (obscured) talk to journalists outside court. |
Verdict on prime minister slated for 4pm
penalty has been imposed on him by the leadership tribunal which has
found him guilty of 13 of 25 charges of breaching the leadership code,
The National reports.
Whether he remains prime minister is one of the penalties being considered.
The charges related to lateness and incomplete annual financial
returns statements between 1994 and 1997.
Yesterday afternoon, the tribunal sent out a public notice saying it
would hand down its decision beginning at 4pm today.
On Tuesday, the prosecution had submitted to the tribunal to impose
the maximum penalty of dismissal.
However, the prime minister's defence team of Posman Kua Aisi Lawyers
principal Kerenga Kua and Justin Wohuinangu, led by overseas lawyer
Ian Molloy, argued that the charges did not warrant dismissal,
submitting that he should be fined K500 for each of the 13 charges.
Molloy argued that Sir Michael had attempted to lodge all his annual
returns in his busy schedule that also included changing offices from
Port Moresby to Wewak and on some of these occasions, not being a PM.
He argued that late lodgment or incomplete annual return forms Sir
Michael had lodged was not as severe as that committed by other MPs
over the years since PNG's independence, for which they had only being
penalised fines of between K500 and K1,000 per charge.
Molloy had argued that some of these leaders had totally failed to
lodge their annual returns or had been charged with non-accountability
of public funds and that their penalty were monetary fines.
Wednesday, March 23, 2011
A thought for Hula
We love and miss you so much...Malum and our children Malum Jr, Gedi, Moasing and Keith.
Tuesday, March 22, 2011
Prosecutor calls for Somare to be sacked
Papua New Guinea's public prosecutor has called for the prime minister to be dismissed from office after he was found guilty of official misconduct.
A leadership tribunal yesterday found Sir Michael Somare guilty of 13 counts of filing late and incomplete financial returns to PNG's Ombudsman Commission.
In his sentencing submission, prosecutor Pondros Kaluwin said politicians found guilty of similar offences in the past had not been punished with dismissal.
But he said this case is more serious because Sir Michael is the prime minister and "the higher the office, the higher the responsibility".
Sir Michael's lawyer, Ian Molloy, argued against dismissal, saying there was no dishonesty involved and his client had "an extraordinary and unblemished public record".
The tribunal said it hoped to make a decision on the 74-year-old leader's penalty this week.
Who is Hudson Ramatlap protecting?
Bulolo MP
I refer to the comments by the first legislative counsel, Mr Hudson
Ramatlap, and note with great concern that a person who is supposed to
protect the independence of Parliament legislative process is now
making outlandish comments in support of the contemptuous behaviour of
the Prime Minister.
His statement is not only misleading, but calculated to undermine the
seriousness of this matter.
This is not just another political scoring issue here it is an issue
of national importance.
The first misleading statement is his reference that Belden Namah and
Dr PukaTemu whose names are also on the Gazettal Notice.
Their names are not there.
I can pass a copy to him if he so pleases.
I know he has a copy of the notice but deliberately wanted to mention
their names.
This is contemptuous in itself as he is trying to water down the
seriousness of this case and the implications it has on the judiciary.
Secondly, Mr.Ramatlap as a lawyer knows that an appointment does not
take effect until it is gazetted.
It is trite law that a purported performance of duty by a minister
without having his appointment gazetted is null and void.
It can also be noted on the gazettal notice that Mr Pruaitch's
gazettal does not mention him as Finance and Treasury Minister to show
that he is a finance minister suspended on full pay, or to confirm
that this is just a republishing of the original Gazettal dated 13th
September 2007 as claimed by Mr Ramatlap.
Instead it is a new portfolio (State Minister assisting PM) and that
portfolio takes effect upon gazettal.
This is also deliberately stated by Mr Ramatlap to further confuse the
public of the serious nature of the matter.
Mr Pruaitch and Mr Ramatlap are alleging that the decision of the
Supreme Court does not stop the Prime Minister from appointing a
Minister.
In other words, they are claiming that the Prime Minister had
unfettered powers to appoint a Minister, even in contempt of the
Supreme Court Order.
How sensible is that?
I have sought opinion on the Supreme Court decision and whilst the
decision does not state the details of being suspended on pay, which
is left to be an administrative matter, the decision in no uncertain
terms declares Mr Pruaitch automatically suspended as a leader.
Mr Pruaitch is not attending Parliament sitting or attending NEC
decisions which is the effect of him being suspended as a "leader".
It follows that Mr Pruaitch's justification of his new portfolio can
be said that he wants to be a minister without the name "leader"
because under the name leader, he is suspended.
Can the Judiciary see how important it is to protect its independence
or continue to subject itself from political interference?
I am concerned because we are setting double standards and weakening
the institutions that we look up to as our beacon of hope.
Where is the rule of law?
The Prime Minister is in clear contempt and should be cited for
contempt of court.
I reiterate that this is not the first time that the Prime Minister did this.
He is known for interfering and scandalising the judiciary.
We cannot allow that to happen.
I do not need to influence the judiciary as they are learned people
who know the legal implications of this issue.
What I am saying here is my concern as a national leader to protect
the independence of the judiciary.
Tribunal finds prime minister guilty of 13 counts
Prime Minister Sir Michael Somare sat expressionless as the judgment was read by tribunal chairman Roger Gyles, in summary.
It took no more than five minutes as he summarised the tribunal’s main findings.
The tribunal also said they would be making recommendations, relating to this proceeding, to the head of state, the governor-general.
However, prior to making any recommendations to Government House, pursuant to section 27(5) of the Organic Law on leadership, it would “provide an opportunity for further submissions and/or evidence”.
These, it will hear today at 9.30am through submissions on penalty from both parties.
Sir Michael is the first prime minister to be tried by the leadership tribunal in relation to his annual returns from 1994 to 1997.
The not guilty and dismissed charges related to his returns between May 1997 and May 2004.
The latter years were regarded as “unnecessary” and not pressed by the prosecution because they were outside the 1994-97 period which the Ombudsman Commission had initially investigated and brought charges against in 2006.
Of the 13 guilty charges, eight were allegations relating to incomplete statements while five counts were related to delay in providing such statements to the ombudsman.
In the 44-page judgment, the judges explained that there were no other allegations of corrupt practices or breach of any substantive provisions of the Organic Law on leadership by Sir Michael except the allegations on delay and incomplete statements.
In respect of Sir Michael’s duty under section 4 of the Organic Law on leadership, to provide to the Ombudsman Commission timely and complete annual financial statements, the tribunal:
* Found him not guilty of all three of the effective allegations against him of misconduct in office by failure to provide such statements, namely allegations 2, 3 and 4, and had summarily dismissed two others, namely allegations 1 and 5, as unnecessary;
* Found him guilty of all five of the effective allegations against him of misconduct in office by delay in providing such statements to the Ombudsman Commission, namely allegations 7, 8, 9, 10 and 12, and had summarily dismissed three others, namely allegations 6 and 13 as unnecessary and allegation 11 as it was not pressed by the public prosecutor; and
* Found him guilty of the eight effective allegations against him of misconduct in office by providing to the Ombudsman Commission incomplete statements, namely allegations, 15, 16, 18, 19, 20, 21, 23 and 24, and had summarily dismissed four others, namely allegations 14 and 25 as unnecessary and allegations 17 and 22 as they were not pressed by the public prosecutor.
Monday, March 21, 2011
Highlands farming field day at Tambul
| Fresh Produce Development officer Conrad Anton (right) explains the work of FPDA at the field day.-Picture by MALUM NALU |
This event coincided with the 46th NARI council meeting which was held at Tambul last Friday, however, a lower-than-anticipated crowd attended the event.
An icy-cold typical Tambul downpour also cut short the event and had visitors running for cover.
With the theme ‘Enhancing sustainable farming for rural farmers’, the event provided an opportunity for the people of Tambul and visitors alike to learn about activities undertaken, meet scientific and technical staff, tour the grounds and facilities, and gather information on other activities NARI undertakes throughout the country.
This event provided the chance to people to find out more about the research and development activities undertaken by NARI in the high altitude highlands region of PNG and how they can source and adopt them.
Tambul MP and Minister for Civil Aviation, Benjamin Poponawa, was the chief guest, and was disappointed that not many people attended, given that his electorate is the capital of potatoes and fresh vegetables in the country.
‘Many more of our people should be here, however, they are not aware of the event,” he said.
“There should be more awareness about such activities in future.”
NARI council chairman Dr John Kola urged the local people to be proud that such an important institution was located on their land, and urged them to look after it.
“What is developed here will benefit the whole country,” he told them.
“When you look after this place, you are contributing to the development of Papua New Guinea.”
Major activities that were displayed and demonstrated include kaukau (sweet potato) silage-making for pig feed, village broiler production, improved pasture species, wheat milling and cooking, high-yielding pyrethrum clones, early-maturing kaukau varieties, and mini tuber production of selected potato clones.
Representatives from divisions of primary industry in Enga and Western Highlands provinces, Enga Pyrethrum Company, National Development Bank, National Micro-Bank, Correctional Services of Baisu, Porgera Joint Venture, Christian Leaders Training College, Tambul/Nebilyer district administration, Fresh Produce Development Agency, Jiwaka Women’s Association, Highlands Farmers and Piggery Association, MKL Vegetables, Laiagam district project office, farmers, and school children, attended the day.
Field days such as the one staged in Tambul are one of the means that NARI uses to allow stakeholders to come together to share information, exchange views and see for themselves the agricultural technologies and innovations being developed and tested.
Similar open days are organised in all NARI regional centres around the country, including the annual innovations show, which will be staged on May 5 at the Sir Alkan Tololo Research Centre at Bubia, outside Lae.
Do away with ‘paper farmers’
Poponawa, an outspoken critic of the NADP despite being in government and a member of the ruling National Alliance, said this last Saturday at the Nation Agriculture Research Institute field day at its high altitude research station in Tambul.
Tambul-Nebilyer is famous for producing the best potatoes and fresh vegetables in the country, and is already contributing in a big way towards development of agriculture in this country, with the research station.
It also has some of the best services found in a rural area such as good roads, health, education, mobile phone, district treasury and internet to enable NARI scientists and local people to be in touch with the world.
Tribal fighting and law and order issues have been kept to a bare minimum, and local people respect government facilities at the station.
Poponawa has, in the past, been blunt in his anger at NADP funds being stolen by “paper farmers” in Waigani who may have never touched a fork or spade in their lives.
“We already know the experience of the NADP,” he said at the field day.
“The people who ran the NADP did not think about the people, rather, about filling their own pockets.”
Poponawa called on the government not to forget about agriculture, despite the massive resource developments in the country such as gas, minerals and oil.
“Agriculture will be with us all the time,” he said.
“Gas, oil and gold will run out.
“The government should give more recognition to agriculture.”
Poponawa, who announced that he would give K50, 000 from his electoral funds to support the work of NARI, commended the organisation for its work in assisting the farmers of PNG.
“Tambul is privileged for NARI to be based here,” he said.
“NARI is an organization for the whole of PNG so I appeal to you, the local people, not to disrupt the work of NARI.
“I also thank NARI council for choosing to have its meeting in Tambul, rather than an expensive hotel in town.
“We want more scientists to come and be based here at Tambul.
“We have everything here.
“We have created a more-conduicive environment for scientists to come and be based here.”
Somare found guilty of official misconduct
Papua New Guinea's prime minister has been found guilty of official
misconduct after failing to properly lodge financial returns.
It was alleged Sir Michael Somare failed to properly lodge more than a
decade's worth of annual financial returns with PNG's corruption
watchdog.
A special leadership tribunal made up of three foreign judges found
him guilty of five counts of filing returns late.
It also found him guilty of eight counts of filing incomplete returns
after he left out details of his salary and bank balances.
But he was found not guilty of failing to lodge any returns at all
over a three-year period in the 1990s.
The tribunal will hear submissions on penalties tomorrow.
Politicians who have been found guilty of similar offences in the past
have been handed small fines
Ruling on prime minister set for 1.30pm
PRIME Minister Sir Michael Somare will know by the end of today
whether he is guilty of the 25 misconduct charges against him under
the leadership tribunal which heard evidence last week, The National
reports.
His fate will be determined by the tribunal based on a decision on
liabilities that will be handed down by three eminent judges – Roger
Gyles, Sir Bruce Robertson and Sir Robin Auld.
The tribunal said in a media statement last Friday that its findings
would be handed down at 1.30pm today.
Sir Michael had been accused of breaching the leadership code by
failing to submit his financial earnings for 1994-97.
The tribunal statement read: "The leadership tribunal, enquiring into
the allegations of misconduct in office by Sir Michael Somare, PM,
will deliver its decision on liability at 1.30pm on Monday, March 21,
2011."
The 25 charges laid against Sir Michael, and his referral in October
2006 by then former chief ombudsman Ila Geno, were categorised into
three main groups:
* Failing without reasonable excuse to give annual statements to the
Ombudsman Commission – under which there were five separate instances;
* Failure to give annual statements, at least once in every period of
12 months: in which eight individual charges were cited; and
* Incomplete annual statements; for which, 12 individual charges were cited.
Before the tribunal rose for the day last Tuesday, after giving its
final reasons about why the three members each chose not to suspend
the prime minister while the tribunal was in progress, which were
based on submissions from both the prosecution and the defence
lawyers, tribunal chairman Gyles said: "Supposing we deliver our
decision on liabilities on, say Friday (March 18), then Monday or
Tuesday next week will be set for more evidence.
"That is, if we find any liabilities, you need to call evidence on that."
Liabilities are the alleged legally accountable responsibilities –
hence, the charges – which could be held against Sir Michael relating
to his annual returns for 1994 to 1997, which he had allegedly not
filed with the Ombudsman Commission, declaring his annual earnings.
And, the tribunal noted, that if the prime minister did fill his
annual returns, then, he did not do so and submit them to the OC, on
time; or that, if the forms were filled, then they were not filled out
fully.
Sunday, March 20, 2011
Prime minister in contempt of court again.
Bulolo MP
The Prime Minister caused the Publication of the National Ministers constituting the NEC and their respective Responsibilities in the Nation al Gazette on Thursday 3rd March 2011, National Gazette No. G57 of 2011.
In the publication, particularly Schedule 30 provides that Patrick Pruaitch as the Minister for State Assisting the Prime Minister.
This is in direct contempt of the Orders of the Supreme Court in the case of Pruaitch v Manekn [2010] PGSC 7;SCl052 (31 May 2010) where the Supreme Court declared that the leader was automatically suspended when the charges were served on the Tribunal.
The highest Court of the land constituting Kirriwom J, Gavan-Nanu and Davani JJ declared that the leader was suspended forthwith.
How could the PM then appoint him to be a minister of his cabinet?
The Tribunal is yet to hear the case against Mr. Pruaitch and as far as I could recall, there was no court order setting aside the Supreme Court Orders.
Until the tribunal finally determines the allegations and unless a five-man bench of the Supreme Court overturns the decision of the Supreme Court in the above case, the orders are still effective.
Any action in derogation of that decision is clearly contempt.
The appointment and publication in the National Gazette is a clear case for contempt on the face of court.
This is a clear disrespect of the court orders and so I urge the registrar of the National and Supreme Court or the Chief Justice to cite the Prime Minister Sir Michael Thomas Somare for contempt.
If the PM can act in contempt of the decision of the highest court on the land then what is there for this country?
This is not the first time the PM had interfered and defeated the course of justice.
In 1979, Nahau Rooney who was then the Minister for Justice was imprisoned for interfering with the judiciary citing her for contempt.
Sir Michael was the Prime Minister at that time and released her on license after she had served one day of her sentence which prompted the mass resignation of five judges including the Chief Justice.
This was the first ever constitutional crises only four years after Independence.
I do not know whether the same can be done.
If the judiciary is adamant to protect its independence and most importantly, its orders, I suggest the judges should resign.
If the PM cannot obey the orders, what good is there for the Judiciary to hold on?
Judiciary is seen as the last beacon of hope.
People do not want to accept the decisions of the National Parliament and the executive government and are always going to Court and when such a decision is handed down, they accept it.
However, with such disrespect at the highest, it destroys everything that the judiciary holds on.
The damages this veteran MP and PM has done so far is far too great
Major breakthrough in fight against potato disease
From MALUM NALU in Tambul
NARI, with support from Australian Centre for Integrated Agricultural Research (ACIAR), has developed new PLB-resistant clones, which were showcased at its field day at the high altitude highlands regional centre at Tambul, Western Highlands, yesterday (Saturday (March 19).
Farmers, visitors and NARI council members were able to see first-hand the new clones, which will be officially released at NARI's annual agricultural innovations show at Bubia outside Lae in May.
The disease – caused by a fungal agent called Pythorthora infastans - remains a major concern for potato farmers in PNG, as it is easily transported by wind under moist and humid conditions, especially so in the highlands where it can rapidly multiply and spread over long distances in short times.
It has, to an extent, been controlled by expensive chemical fungicides and integrated disease management (IDM) systems.
NARI research has identified the behavior and type of PLB present in PNG, identified suitable chemical fungicides for PNG, and identified the PLB-resistant clones.
NARI director-general Dr Raghunath Ghodake told farmers, visitors and council members – who had their meeting in Tambul last Friday – that these outcomes would help PNG farmers to successfully grow potato again for cash income as well as food security.
"We now have three to four varieties of potato which are tolerant (to PLB)," he said.
"These will be released in May (at NARI's agricultural innovations show).
"These can be grown here at Tambul and people throughout PNG will benefit.
"Other stakeholders like Fresh Produce Development Agency (FPDA), will also benefit from our research, and will provide seeds to farmers as well as extension services."
Apart from the work of NARI and FPDA in getting PNG's potato industry back on a firm foothold, an exciting independent potato project in Lagaip-Porgera, Enga province – spearheaded by local MP Philip Kikala – was also showcased at the field day.
The project, led by former NARI scientist Humphrey Saese, is aimed at building capacity for high health seeds and sustainable potato production in Lagaip-Porgera and involves construction of three screen houses for producing mini-tubers.
"We are building three screen houses to take in 12,000 plantlets," Saese said in Tambul.
"That capacity will produce about four tones of mini-tubers."
Saese said he expected about 50 tonnes of seed production by June this year in Lagaip-Porgera from the work they had already done, including training and extension programmes, as well as introducing PLB-resistant lines to farmers.
Friday, March 18, 2011
‘Tribunal acted beyond powers’
THE prime minister's tribunal is exercising powers that it does not have and that decisions made by it could be voided, a prominent lawyer said in Port Moresby yesterday, The National reports.
Constitutional lawyer, ambassador Peter Donigi, said the tribunal had been asked to interpret and apply a constitutional law, which is the exclusive preserve of the Supreme Court and of no lesser court, including tribunals.
As section 142 (6) of the constitution, which has never been tested, is being interpreted on the question of suspension of Prime Minister Sir Michael Somare, Donigi said that job was rightly vested in the Supreme Court under section 18 of the constitution.
A member of the tribunal, Sir Robin Auld, has already alluded to the tribunal being forced to act beyond its powers when it was asked to decide whether or not to suspend the prime minister.
Donigi said the matter could be rectified if the Ombudsman Commission appealed any decision or made a constitutional reference to the Supreme Court.
That very issue will come to the fore when the tribunal hands down its decision at 1.30pm on Monday (see lead story).
Donigi was especially critical of the counsel in the tribunal who had failed so far to draw the attention of members of the tribunal to the existence of section 18(1) and section 18(2) of the constitution.
Those provisions provided plainly that, in the event a question of interpreting or applying the constitution arises in a lower court or a tribunal, that question must be referred to the Supreme Court.
It alone was vested with the powers to interpret the constitution, he said.
In a statement, Donigi said that the chief justice did not err in law and neither was the tribunal guilty in making a decision not to suspend the PM.
He said: "However, in my view both counsel for the prosecution and that of the prime minister had erred substantially in their respective duty as officers of the court on a matter of prime constitutional importance to this nation," Donigi said.
"They have failed to draw the attention of the members of the tribunal to the existence of section 18(1) and 18(2) of the constitution.
"It would appear to me that a question of constitutional question has arisen in the matter of interpretation and application of section 142(6) of the constitution because this is the first time in the history of this country that this question has arisen.
"There are, therefore, no precedents for the tribunal to follow.
"The tribunal, therefore, is duty-bound and has no option but to find facts and refer the question to the Supreme Court for its opinion on whether the prime minister should be suspended.
"If one is to read the constitutional planning committee report, one will find that it was very explicit about the prime minister being one among equals.
"The only power that he exercises, which no one else has, is the power to appoint ministers and to remove them from office.
"We have had a travesty of justice by failure of the lawyers to perform their duty to up hold the rule of law in this nation.
"Unfortunately, the laws that we have adopted from England are not all together clear on the definition of the term 'may' as is used in section 142(6) of the constitution.
"All precedents say that the word 'may' can be interpreted as obligatory in some cases and, in other cases, as discretionary depending on the circumstances of each particular case.
"So, it would seem to me that the question of its interpretation and application is a matter for the Supreme Court to decide and not the tribunal.
"The tribunal has, therefore, erred in exercising powers it does not have under our constitution. In law, it can be said that the tribunal had acted beyond its powers by virtue of section 18 of the constitution and its ruling that the prime minister stays in office, therefore, is voidable.
"These are matters of law that could be rectified by an appropriate appeal or by a constitutional reference by the Ombudsman Commission."
Monday D-Day for prime minister
THE leadership tribunal enquiring into misconduct allegations against Prime Minister Sir Michael Somare is expected to hand down its decision on liability at 1.30pm on Monday or thereafter, chairman Roger Gyles' office said yesterday,The National reports.
The tribunal, enquiring for the first time into misconduct charges into a reigning prime minister, took four days to hear evidence.
It involved judges from three common law countries (United Kingdom, Australia and New Zealand) who were given the unprecedented task of deciding whether or not to suspend Sir Michael while the tribunal was in progress.
The tribunal of eminent judges Gyles, Sir Bruce Robertson and Sir Robin Auld decided on Monday to not suspend him.
The tribunal was tasked to enquire into 25 charges relating to Sir Michael's annual returns from 1994 to 1997.
In the event that the tribunal finds shortcomings against Sir Michael, the question of penalty is already provided for under the law.
Under the Organic Law on Duties and Responsibilities of Leadership, if the tribunal finds the leader liable (or guilty) of the misconduct charges, "it shall recommend to the appropriate authority that:
lHe (the leader) be dismissed from office or position; or
lAs permitted: "firstly, that the penalties (under the Leadership Code [Alternative Penalties] Act 1976) that may be recommended and imposed under and for the purposes of section 28 (1A) of the constitution and section 27(5)(b) of the Organic Law on Duties and Responsibilities of Leadership are that the person found guilty of misconduct in office are:
a)Be fined a amount fixed by the tribunal, not exceeding K1,000;
b)Be ordered by the appropriate authority to enter into his recognisance in a reasonable amount, not exceeding K500, fixed by the tribunal that he will comply with division III.2 (leadership code) of the constitution and with the Organic Law during a period fixed by the tribunal, not exceeding 12 months from the date of the announcement, unders ection 27(6) of he Organic Law, of the decision of the tribunal;
c)Be suspended, without pay, from office or position from a period not exceeding three months from the date of commencement of the suspension; or
d)Be reprimanded."
Thursday, March 17, 2011
Highlands Pacific Ltd: US$10m profit for 2010
HIGHLANDS Pacific Ltd, operator of the Frieda copper/gold project, posted a net profit of US$10.3 million last year, The National reports.
The figure was considered a significant increase from the previous year’s only US$1.1 million.
However, the company’s cash reserves dropped to US$21 million last year from the previous year’s US$24 million.
The key feature in last year’s performance was the gain of US$18 million on the Frieda project, which continued to make significant progress.
Last November, the project moved to the feasibility study stage and last month, the resource inventory increased substantially.
The amount carried in the accounts now reflected the full book value expended by
Another contribution was foreign exchange gain of US$1.2 million due to the appreciation in the Australian dollar against the
The company holds approximately half of its reserves in Australian currency and these are re-valued to US dollars for reporting purposes.
The exploration, evaluation and development expenditure of US$4.3 million provided for expenditure on the
HPL managing director John Gooding said 2010 had been an excellent year with respect to the Frieda project and the exploration programme at
He said Frieda had made significant progress last year under the management of Xstrata and still had a lot more potential in terms of resource inventory.
“
“Our
Huli of a show
| The Huli Duna cultural group from PNG was the best, attracting the young and old, during the Kundu music at the World Music Festival in Adelaide, Australia, last weekend. |
Chairman Simon Bole said, with the strict restrictions, the group was denied performance on Friday and Saturday but with the intervention by organisers, the Australian government allowed the groups’ traditional gear.
Adelaide media stated in its reports that the festival has sold out a record 334,000 tickets over the weekend fest and the Huli group was the first from PNG to perform.
Tamate's last appeal for more funding
By JULIA DAIA BORE
ACTING Public Prosecutor Jim Wala Tamate, who will vacate his job today, has called on the government to improve funding for the office of the public prosecutor, The National reports.
He said improved funding would greatly assist state lawyers execute their responsibilities in court and effectively uphold the laws of PNG.
“Adequate government funding was vital for the effective running of the office of the public prosecutor, whose major role is to ensure law and order is upheld.”
He made specific reference to the day-to-day running of the office and sending public prosecutors (state lawyers) to the provinces to prosecute court matters.
Tamate said another option to improve public prosecutor performance was to set up provincial offices, adequately manned by public prosecutors on the ground.
He said the staff ceiling requirement at the office of the public prosecutor was more than 100 personnel.
“However, what we have now is just over half that number.”
He said over the years, the public prosecutor had been running back and forth to Treasury to seek additional funding, even after the budget had been handed down.
On his future plans, Tamate said he would stay on in the office as a senior state lawyer.
His colleague Camillus Sambua will take over as acting public prosecutor.
Doctors to strike
Four major hospitals to be targeted over outstanding claims
By KARI TOTONA
DOCTORS yesterday decided to go on a nationwide strike starting next Friday, The National reports.
The National Doctors Association (NDA) yesterday confirmed the industrial action, saying this was because the departments of Health and Personnel Management had failed to honour commitments they reached in agreements and understandings last year to improve doctors’ work conditions.
The doctors were supported by the Nurses Association, which was also considering its options.
Trade Union Congress (TUC) secretary-general John Paska, who met with the doctors’ executive committee, condemned the inaction and called for the sacking of the departmental heads.
NDA president Dr Kauve Pomat said the strike could have been averted and expressed bitter disappointment at learning that the DPM had no knowledge of the NDA negotiations and the memorandum of agreement with draft awards signed in 2007.
The MoA draft agreement was for 2007-09 after the NDA came up with a job value study which resulted in two outcomes; the salary structure and the incentive packages.
“DPM has always been a party in the MoA signing and, so, we have gathered all regional representatives today to get their views.
“From today’s (yesterday) executive meeting, we have come up with the resolution to go on an industrial strike nationwide,” he said.
The president told the media that they would meet with the industrial registry office today to set the ball rolling.
“This is an indication of inefficiency of the employer (Health) and they have been known for signing MoU and MoA and not implementing them,” he said.
Another member Dr Thomas Vinit said that doctors had been considerate but the MoA had lapsed and there was no more agreement in place.
“The government of the day and the employer has to decide for the public what’s best for them and everyone else who will be affected by this,” he said.
Emergency cases would be attended upon advice during the strike.
Pomat also revealed that 68 doctors had left the industry to look for greener pastures while four hospitals remained closed.
About 20% of national doctors are not members of the NDA.
Paska said doctors in PNG should not be forced to walk out of their jobs.
“This is a huge disgrace to the country and those incompetent heads in the Health and Personnel Management departments should be sacked for their inaction,” he said.
He stressed that doctors could not continue to work under stress when the terms and conditions that go with their employment were sub-standard.
“Doctors are not the same as others because they deal with people’s lives and for the DPM to play marbles with them is injustice,” he said.
Paska said, if in the event that the doctors go on strike and any life or lives are lost, those concerned should sue Health and Personnel Management.
Nurses Association (NA) president Eimi Kaptigau said many doctors and nurses were either aged or sick and those able had to work twice as hard under poor conditions.
“Aren’t they concerned about the situation?” she asked.
She said doctors and nurses work for the same employer and that they were in this together.
Kaptigau said doctors and nurses “cannot be treated like this”.
“With the government’s Vision 2050, where is the human resource attraction in the health sector?” she asked.
The National understands that responses from provinces would come out in a scheduled executive meeting next week.
Wednesday, March 16, 2011
East New Britain farmers target corn
FARMERS in inland Baining area of East New Britain province are targeting corn as the major income earner to sustain their livelihoods.
Corn specialist Elizabeth Melchior with farmers during a corn-harvesting demonstration at Gaulim.
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These wards include Gaulim, Kainagunan, Ivere and Ivongi.
The demand for the corn production follows a partnership pilot project between Fresh Produce Development Agency and Gazelle district.
FPDA is facilitating the training aspect of it.
FPDA is a semi-autonomous government agency established under the PNG Companies Act to develop a commercially-viable and sustainable horticulture industry for PNG.
The initiative by these two organisations is to encourage farmers to explore alternative means of earning an income.
In 2010, farmers from the vicinity of the four wards were searching for alternative means of earning an income when FPDA came to their aid and started providing technical trainings on producing vegetables.
Farmers in this location and other parts of East New Britain have lost most of their income from cocoa, which has been the main income earning commodity.
The loss was due to a major pest attack caused by cocoa pod borer that devastated the whole industry in East New Britain.
Introducing vegetable production in parts of inland Baining area has been an eye-opener for many farmers that have given up hope.
The farmers are now undergoing a series of trainings that is developing them to become more semi-commercial farmers.
The training covers vegetable production to marketing, gender and budgeting.
Currently, farmers are into their second crop with the assistance of FPDA and are now enjoying the benefits.
With the vast land areas of the inland Baining, farmers are fortunate to open huge areas for food production
Port Moresby farmer trainees graduate
The Port Moresby Farmer Training Centre was established 10 years ago by a former secondary school agriculture teacher John Mebil.
| Asseneth Tugiau, superintendent vocational education, Department of Education, presenting certificate to Natasha Noah, while John Mebil looks on. |
Located at 12-Mile outside Port Moresby, the centre with about 30ha of land, provides agricultural training courses for school leavers, unemployed youths and interested people. Last week, five young men and women graduated with certificates in integrated farming after successfully completing a 12-months course.
The group was sponsored by Foundation for People and Community Development Inc. (FPCD) under its youth mental health programme funded by AusAid.
Mebil, the principal director, said the graduation also marked the centre’s 10th anniversary.
He said the turnout was small but everyone was happy and enjoyed the feast of cow, sheep and pig meat after the event.
The former Laloki secondary school teacher said he started the centre with the aim of continuing to teach and train young Papua New Guineans in agricultural farming for a sustainable livelihood.
Mebil said agriculture was the mainstay of our economy and provided the best opportunity for young people to participate in rural development.
Mebil said the five youths - who learned basic skills in livestock, food crops, rural engineering as well as eco-tourism and human spiritual development - did very well.
One of the incentives provided was in the form of savings with the PNG Microfinance bank.
Whatever the trainees produced and marketed during the training programme was saved in the bank and the accumulated savings was given back to them on graduation day.
The centre has the capacity to take up to 60 trainees and Mebil has appealed to the government, non-government organisations, donor agencies and private sector to provide more support to encourage young people to be trained in agriculture.
| The five graduands sitting in front flanked by official guests during the ceremony. |
“Young people should be encouraged to go into agriculture farming as there is a big demand for fresh produce, livestock and other agricultural industries,” Mebil said.
He thanked the agencies that either sponsored the centre or sent representatives to the graduation including FPCD, Education Department, Central provincial government, PNG Microfinance and Fresh Produce Development Agency.
He was disappointed that Department of Agriculture and Livestock did not send anyone.
Lower Watut cocoa farmers get small business training
Participants to the SYB training showing off their certificates.
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The training programmes are part of Hidden Valley’s overall agriculture programme to compliment and build the capacity of local farmers.
Last year, following consultation and agreement with stakeholders, Hidden Valley engaged the services of SBDC to conduct two weekly training sessions for recipient communities under its various stakeholder community sustainable development (CSD) programmes.
Eric Ngawi, a local participant, thanked MMJV for funding the programme through SBDC, saying the training was timely and very useful as it would better equip them in the cocoa industry as well as enable them to take advantage of business opportunities that could arise from mining developments.
Huon district administrator Tony Ase, while thanking MMJV for the development programmes, challenged participants to take ownership of the training and utilise it through practice as well as to pass on the knowledge to others.
The SYB training comprises two phases: to do business awareness in analysing and understanding the local environment before deciding on business type or suitability for aspiring entrepreneurs; and to develop business plans taking into account marketing issues, business type, staffing, costing/pricing and starting capital/finance.
Wafi community affairs manager, Rolland Allbrook thanked participants and trainers for taking the time to attend the two-week training session.
“Agriculture is the backbone of this country and rightfully, your attendance is an indication of the desire to use the opportunity provided by developers such as MMJV to improve your knowledge,” he said.
“MMJV is happy to work with communities that show initiative, take ownership and are committed to improving their livelihoods, looking ahead into the future, because the mine will not be here for ever.”
Hidden Valley gold mine has also facilitated SYB training for coffee farmers in seven Biangai coffee growers’ groups, including farmers from two landowner villages of Winima and Kwembu; as well as for fish farmers under Middle Watut fish farmers’ cooperative.
To date, a total 131 participants and 25 observers have attended with more planned to follow suit.
Peter Piawu, SYB PNG programme manager, said SBDC was enjoying the partnership with MMJV, which was delivering a lot of business knowledge and skills to benefit the people on the ground that needed it.
The SYB training is internationally recognised and practised in 129 developing countries around the world.
The training is developed and certified by International Labour Organisation (ILO) and very high in material content.
According to SBDC, it has extensive training coverage throughout the country.
Lower Watut cocoa farmers get help from MMJV
A cluster nursery group tending to their hybrid cocoa seeds nursery at Mafanazo village,
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Since June 2010, MMJV’s community sustainable development (CSD) agricultural team in consultation with the communities has helped to reorganise all existing cocoa groups’ farmers groups and emerging farmers under a cluster group system, where central nurseries are set up in each village to serve the planting material needs of the farmers.
According to a study facilitated by Bris Kanda, well over 90% of cocoa production in the Lower Watut impact region is based on low-yielding variety introduced in the colonial days.
With the cluster groups approach, it is envisaged that high-yielding cocoa varieties will be introduced and established, gradually phasing out the low-yielding variety that is currently grown.
Under the programme, over K120, 000 has already been injected into supporting this programme.
Some of these funds were used to provide materials to the 26 cluster groups comprising an estimated 900 farmers from 13 villages, to construct nurseries.
High yielding cocoa variety seeds from Cocoa and Coconut Research Institute (CCRI) at Murnas in Madang are also distributed to each group on a monthly basis.
To date 100, 000 hybrid seeds have been purchased with 61,000 distributed and established so far.
In addition, 100,000 polybags, 50 rolls of shade cloth and four cartons of nails were purchased and distributed for the construction of the 26 cluster group’s nurseries. Pruning and budding tools (six pole pruners, 10 secateurs, 10 punning saw, 58 budding knives and 594 budding tapes) were purchased and will be distributed during a field budding and training programme to be conducted in each of the villages which commenced in late February this year.
Already, further plans are in place to purchase an additional 50,000 polybags for the purpose of raising root stocks for budding superior clones.
This approach will assist the 26 cocoa cluster groups to raise and establish 150,000 high-yielding cocoa varieties in the farmer’s field in the first 12 months of rolling out this programme.
Each group has also been assisted with setting up bud wood gardens of 200-plus stands to provide bud stick requirements for a superior clone budding programme to be undertaken in the future.
Highlands farming field day at Tambul
TAMBUL basin in the Western Highlands will come alive on Saturday when National Agricultural Research Institute (NARI) highlands regional centre stages its third annual field day.
| Anton Kerru of NARI Tambul talking to visitors on the importance of field evaluation of potatoes during the second annual field day at Tambul in 2009. |
With the theme ‘Enhancing Sustainable Farming for Rural Farmers’, this event will provide an opportunity for the people of Tambul and visitors alike to learn about activities undertaken, meet scientific and technical staff, tour the campus and facilities, and gather information on other activities NARI undertakes throughout the country.
This event will provide the chance to people to find out more about the research and development activities undertaken by NARI in the high altitude highlands region of PNG and how they can source and adopt them.
Preparations are well under way to stage the event with the local MP and Minister for Civil Aviation, Benjamin Poponawa, confirmed as the chief guest.
Major activities that are to be displayed and demonstrated include kaukau (sweet potato) silage-making for pig feed, village broiler production, improved pasture species, wheat milling and cooking, high-yielding pyrethrum clones, early-maturing kaukau varieties, and mini tuber production of selected potato clones.
Representatives from divisions of primary industry in Enga and Western Highlands provinces, Enga Pyrethrum Company, National Development Bank, National Micro-Bank, Correctional Services of Baisu, Porgera Joint Venture, Christian Leaders Training College, Tambul/Nebilyer district administration, Fresh Produce Development Agency, Jiwaka Women’s Association, Highlands Farmers and Piggery Association, MKL Vegetables, Laiagam district project office, farmers, school children, and the general public are expected to attend.
NARI officers (left) explaining the various potato clones tested in PNG for resistance against potato late blight during the second annual field day in Tambul in 2009.
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NARI is using various ways and means to be effective in innovation systems approach, which includes: agricultural innovations shows, community-based resource centres, information centres, regional research and development advisory committees, commodity committees, public and private sector partnerships, piloting and out-scaling and up-scaling models, and innovations systems approach to research and development.
http://www.nari.org.pg/).
Similar open days are organised in all NARI regional centres around the country including the annual innovations show which will be staged on May 5 at the Sir Alkan Tololo Research Centre at Bubia, outside Lae.
Chief justice erred in law
English judge says tribunal acted beyond its jurisdiction
By JULIA DAIA BORE
A MEMBER of the leadership tribunal yesterday expressed disbelief that PNG law could have intended for the prime minister to be treated less severely than other leaders, The National reports.
“I just can’t believe that the legislature could have intended that the prime minister could have lesser penalty than other leaders,” Sir Robin Auld said when explaining his “reserved” decision.
He further said the tribunal was forced to “act beyond its jurisdiction” when the decision was left to it to decide whether or not to suspend Prime Minister Sir Michael Somare.
He was referring to the decision by Chief Justice Sir Salamo Injia to leave the matter of suspension up to the tribunal to decide.
“The tribunal has been caused to act beyond its jurisdiction,” he said yesterday.
Sir Robin on Monday dissented from the decision by his two colleagues not to suspend the prime minister for the duration of the tribunal.
The Englishman, who now serves as president of the court of appeals in Solomon Islands, quoted relevant parts of PNG’s Constitution [section 142(6)] and the relevant Organic Law on the Duties and Responsibilities of Leadership (section 28), among others, and also made reference to the decision of the Supreme Court last May relating to the Ombudsman Commission (OC) versus Patrick Pruaitch.
He quoted the section where it made reference to the “automatic” suspension of a leader when referred for prosecution by the OC.
Sir Robin said Pruaitch’s Supreme Court decision, paragraphs 80-90, stated that a leader once referred, and when the chief justice convened a tribunal, that “all” leaders are deemed automatically suspended with full pay by the application of section 28 of the Organic Law “pending, and I repeat, pending” the tribunal, he said.
“The wording of section 28 is very clear,” he said.
Sir Robin added that the Organic Law was “mandatory” and that the outcome “does not produce any conflict”.
Read together with the constitution, Sir Robin’s indication was that the Organic Law on Duties and Responsibilities of Leadership and the constitution might have conflicted each other.
He pointed out that section 142(6) of the PNG Constitution granted the prime minister an exception to all other leaders.
The section stated: “The prime minister may be suspended from office (a) by the tribunal under an Organic Law made for the purposes of section 28, pending an investigation into a question of misconduct in office.”
This is what Sir Robin could not “believe” was the intention of parliament for the prime minister to have a lesser penalty when all other leaders faced automatic suspension.
Sir Robin said since the tribunal had been granted the discretion to decide and, since his two pre-eminent colleagues had decided in favour of not suspending the prime minister, he had no option but to agree with them.
The hearing adjourned yesterday but did not set a time for it to reconvene.







