Flood forces Papua New Guinea consulate to close

By JUNIOR UKAHA

 

Heavy rains and flash floods in Toowoomba, Australia, has forced the Papua New Guinea consulate in Brisbane to shut its doors and cancel operations yesterday, The National reports.

As of 1pm, Paul Nerau, PNG’s consulate general in Brisbane ordered his staff to stop work and move to safer places due to the floods at the headwaters of Brisbane River that had ravaged homes and displaced the locals at Toowoomba.

Nerau, who spoke on Radio Australia, said the reason for stopping operations was to make sure the staff and their families were safe from the flood.

Nerau made this call after Brisbane lord mayor, Campbell Newman, said that the Brisbane River was expected to flood its bank today by 3m and that the water was expected to rise by another 1.2m to 4.2m tomorrow.

Radio Australia reported that the latest flash flood at Toowoomba had claimed eight people while 72 others went missing and 50 people trapped in a school.

It also said that hundreds of homes and vehicles had been washed away by the flood in what seemed to be a major disaster after 40 years.   

Nerau when interviewed said he was also concerned about the safety of hundreds of Papua New Guineans living, working and schooling in Toowoomba.

“I am concerned as many Papua New Guinean students in particular attend schools in Toowoomba,” he said.

Nerau said at the moment he was working with the relevant authorities in Australia to find out how many Papua New Guineans were affected by the flood and whether or not they have died as a result of the flood.

He, however, did not say anything as to whether or not the PNG government would look at the plight of those Papua New Guineans living in the area and have been affected by the flood.

Meanwhile, Radio Australia reported that places that were worst affected by the flood included Ipswich, Brisbane and Toowoomba, all within the state of Queensland.

The flooding is expected to continue till the end of the week.

 

Government settles for Ogio

By ISAAC NICHOLAS

 

THE government will endorse North Bougainville MP and Higher Education Minister Michael Ogio for the position of governor-general, The National reports.

The parliament resumed yesterday afternoon and called for nominations.

Soon after, the government caucus met and penned 47 signatures on the nomination form for Ogio to contest as its candidate for the GG’s post.

Parliament was recalled to vote in a new governor-general following a Supreme Court ruling last month declaring the reappointment of Sir Paulias Matane as unconstitutional.

If Ogio wins the secret ballot election, he would automatically resign as member for North Bougainville and lose his ministerial portfolio.

Names of three other candidates – Sir Paulias, Sir Makena Geno and Winnie Kiap – were also tossed in alongside Ogio for the caucus to consider, however, they would now have to look for support elsewhere to nominate.

Acting parliament Speaker Francis Marus fixed Friday at 10am as the time and day for the secret ballot to be conducted.

The clerk’s office was swamped with more than 15 candidates rushing to obtain the nomination forms to be filled and handed in by 4pm today after complying with all the requirements.

Those seen in the clerk’s office included Sir Makena, Sir Matiabe Yuwi, Sir Pita Lus, Akoka Doi, Ronald Rimbao and Kagul Korowa.

Marus said while the Organic Law did make provisions for the proposal forms to be returned at anytime before the start of voting, as a matter of good administrative practice and taking into account the Supreme Court interpretation of the law, it was recommended that the forms be submitted to the clerk in sufficient time.

“This will allow him to scrutinise the forms and make informed decisions on the requirements under the Organic Law.

“Should a proposal for nomination be rejected, the aggrieved person will have sufficient time to appeal to the National Court.”

Under law, a candidate must have no less than 15 members of parliament supporting him.

“If we comply with all the requirements, I expect no more than six proposals to be handed to the clerk by tomorrow (today),” the acting speaker told parliament.

“Similarly, I urge all members to act responsibly when proposing or signing on behalf of a candidate.

“Careless writing on these forms will have dramatic consequences,” he warned.

On Dec 10 last year, the Supreme Court declared the June 25, 2010, election of Sir Paulias null and void.

The bench also ordered the acting speaker, in accordance with section 88(4) of the constitution, to call a meeting of parliament to elect a new governor-general within 40 days of the order.

 

 

Shipping agent charged with retrieving seized items

By VERONICA FRANCIS

 

A SHIPPING agent was charged yesterday and Custom officers questioned in relation to the illegal departure of the vesse lUbt Fjord, which was alleged to have stolen crude oil from the Autonomous Region of Bougainville, The National reports.

The vessel was detained by PNG Customs Services and was under the state’s detention when it slipped away from Simpson Harbour in Rabaul during the earlier hours of Jan 8.

PNG Customs Commissioner, Gary Juffa told The National yesterday that the agent had committed various Customs offences, however, the main offence was rescuing of seized goods, failing to obtain clearance, evading duty payment and various other offences.

He said internal investigations were currently underway to determine whether there was neglect on the part of officers responsible for ensuring the security of the vessel and also if there was anyone corroborating with the owners or ship captain to assist in the vessel’s illegal departure.

Juffa said they had already advised the client’s lawyers to immediately advise their clients to return the stolen cargo which belonged to the people of PNG.

He confirmed that they had also advised Customs authorities in all countries to impound the vessel and detain the crew including the captain for failing to obtain clearance to rescuing the seized goods and

for escaping his

criminal charges. 

“This is yet another example of foreigners fleeing the country when granted bail. On many occasions Customs has sought custody while cases are pending and yet courts grant bail to foreigners who evade justice and leave,” he said.

It is understood Customs and police are investigating the matter, as the vessel is being pursued by a defence force patrol boat and intercept it before it crosses our borders.

 

 

Man dies from cholera in Moresby

By ELIZABETH MIAE

 

THE National Capital District (NCD) has reported its first death from cholera for the New Year as the spread of the disease in the city becomes more serious, The National reports.

The latest casualty brings the total number of deaths in NCD to five since the outbreak last May.

When cholera first broke out in the city last year, it claimed three lives from Elevala and one from Tatana villages.

NCD cholera task force leader Dr Timothy Pyakalyia said that the victim who died last Thursday was a male adult who suffered from a kidney disease.

He said as of yesterday morning the number of admissions at the Port Moresby General Hospital’s (PMGH) cholera treatment centre (CTC) stood at 130, adding that these were people with severe diarrhoea.

Pyakalyia said confirmed test results from the Central Public Health Laboratory showed that cholera was present in 24 locations in the city or otherwise widespread.

He said out of 1,436 people (from NCD and Central) who were admitted to the CTCs at the PMGH and St John Hospital in Gerehu, only three deaths were reported.

Pyakalyia highlighted that the medical assistance given by staff at the CTCs and the oral re-hydration points had saved a lot of people’s lives.

He added that cholera was capable of killing many people within hours however it was managed and control very well which resulted in the case fertility rate for NCD below 1%.

While the medical side of things is moving effectively, the spread of the disease was another problem that health authorities are struggling to control.

Pyakalyia told The National that the spread was not only due to the Christmas and New Year celebrations but other factors also.

These factors include poor hygiene practice and sanitation.

He further added that if the trend continued to worsen they would consider opening another CTC in the city.

However, Pyakalyia was most concerned that adults were falling victims to the disease.

 

 

'Garden rice' lifts local grain supplies

By BOSORINA ROBBY

 

Eastern Highlands, Enga, Central, Morobe, East New Britain and West and East Sepik provinces are now actively producing rice, thus boosting the grain’s supply in the country, The National reports.

This became possible after these areas have been involved by the Department of Agriculture and Livestock in rice production for consumption and as source of additional income for the rice farming families.

This initiative by the government to increase emphasis on locally produced foodstuff is aimed at addressing the issue of food security in the country.

The ICCC Rice Industry review 2010 noted that rice could be used to address this as it could be grown and harvested three times a year.

When properly milled, treated and stored, the grain could last up to three years, the review said.

Known as “garden rice”, locally grown and milled rice is being sold in open markets and trade stores-wholesalers in some rural areas.

The review also said that production estimates received by ICCC on garden rice has averaged 10,000 metric tonnes (mt) per year since 2006.

Further consultations suggested that this number may have significantly increased in recent years with rice farming training and extension programmes being run by the DAL, and aid agencies and church-NGO groups, through a range of provincial agricultural divisions.

This trend is expected to continue, with DAL aiming to increase annual domestic production to 60,000mt by 2016.

ICCC forecasts that the increase in production and sale of garden rice has the potential to become a significant component of the formal market.

Papua New Guinea opposition fails in no-confidence motion bid

The opposition in Papua New Guinea has failed in its bid to put a motion for a vote of no confidence in the government before the parliament, Radio New Zealand reports.
Parliament has agreed that a vote for the position of governor general will take place on Friday.
Nominations for the position have now opened and will close on Wednesday afternoon.
Our correspondent Alex Rheeney says the opposition tried unsuccessfully to use the parliamentary session to put forward the no confidence motion.
“That did not eventuate. The leader of government business moved for parliament to be adjourned to Friday and the government was able to use their numbers and voted for the house to be adjourned until Friday. So the opposition did not actually get the opportunity to get the speaker to entertain other business in which the vote of no-confidence motion could have been discussed.”
Alex Rheeney says the opposition has indicated it will try again to put a motion for a vote of no confidence on Friday.
But he says this unlikely to be successful as the government walked into the parliamentary chamber together on Tuesday in a show of its strength of numbers.
Alex Rheeney says the indications are that the government will support the nomination of the former Governor General Sir Paulias Matane to return to the position, but other contenders may include Barry Holloway.
The opposition has indicated it will support a number of candidates including two women, Winnie Kiap and Enny Moatz.

The dame can be better than the knight

By REGINALD RENAGI

Apart from having a good deputy prime minister put up as the next Papua New Guinea prime minister, there is stiil another political option that may seem a controversial outcome, but not impossible. 

This option could be another record breaker for grand chief Michael Somare that will be unbeatable in both PNG and Commonwealth politics. 

If Somare is really serious about elevating the status of PNG women in his twilight years of politics, he will now give his job to the best-performing MP in the coalition government, Dame Carol Kidu. 

The Dame as an MP has no equal.

This only woman MP's actions speak louder than words. 

Dame Carol Kidu is ably supported by a good department secretary running an effective state agency than most of her MP peers.

This decisive action by grand chief Somare will be in full recognition for the tireless efforts of a lone women MP in parliament (and one of PNG’s best lawmakers in recent times). 

This will no doubt upset the men in parliament, but will soon get over it to see that good governance, accountability, responsibility and ‘sanity’ return to both parliament; and government before the 2012 national elections.

Finally, I predict PM Michael Somare is not yet ready to quit politics in 2011 and before the 2012 national elections. 

Importantly, there are still many outstanding political reforms left by former PM, Sir Mekere,  that this government has yet to introduce any real substantial improvements , hence; this is no time to be quitting politics.

But today, PNG has the wrong political leadership running the country.

It should not be this way at all for our country. 

So who’s going to do it for PNG?

 

Who will be the next prime minister of Papua New Guinea?

By REGINALD RENAGI

Recently the media raised three interesting questions: “Who will be the next prime minister?; will the prime minister quit politics in 2011 before the 2012 national elections;  and what will happen to the National Alliance Party or the current government?

This is a subjective issue and you will get many different answers. 

 I will try to predict what may happen gauging from public perceptions and opinions of a coalition government’s performance since the 2002 national elections.

 So who will be the next PM?  This is easy in an ideal political world where the job will naturally go to the next senior MP after the prime minister in the ruling party’s hierarchical ‘chain of command’. 

 In this case, it should go to the deputy PM, if the PM quits politics this year as speculated in the media. 

 This will not happen because we are not in an ideal political world.  There are many competing interests and shifting alliances within any coalition party government. 

 First of all, PM Somare will not quit politics in 2011 and before the elections. 

 Somare is enjoying the feeling of power and controlling the destiny of over six million citizens that he would still like to extend his record of being in politics until after the 2012 national elections.   

 More so, no-one believes Michael Somare's occasional talks of leaving politics any more in the media.

 The people of PNG have heard it many times before, like prior to the 2002 and 2007 elections as predicted.

 The man just does not keep his word anymore so the public does not now take him seriously at his word.

 The PM did not quit politics as speculated by the media. 

 On a hypothetical note, if the PM was to quit politics in 2011 due to some reason like ill-health, the NA party will most likely see splits in its senor ranks. 

 Some NA party members have openly shown that they do not want the job going to the deputy PM incumbent as they see themselves as the ideal choice for the top job. 

 A prediction is the NA party may not do too well in the 2012 polls without the stabilizing presence of its drawcard, Michael Somare; the glue holding the NA party together.

 With due respect to other NA party members, no-one is eminently qualified with the required seniority, depth of public administration knowledge and experience; and political  maturity to succeed the PM Somare than the former deputy PM, Sir Puka Temu. 

Sir Puka had the edge over all the NA party’s regional deputies as none were effective departmental heads like him before entering politics. 

But alas, this is not to be as he has left for the opposition. 

Another former DPM, Don Polye, has also been recently dispensed by Somare for fellow Engan, Sam Abal.

Michael Somare will not simply bow out of politics with a whimper but a loud bang in the 2012 national general elections.

 

Reginald Renagi

Port Moresby

 

Two die in Port Moresby ethnic clash

Woman among two with limbs chopped off

 

By ANGELINE KARIUS

 

TWO people are dead, another two hospitalised and a number of properties and houses have been destroyed in the latest of a number of ethnic clashes that have plagued the country recently, The National reports. 

The latest incident in Port Moresby involved settlers from Goilala in Central and Tari from Southern Highlands residing at the Badili, Vanagi and 2-Mile Hill settlements.

The fight started on Sunday afternoon and spilled into the early hours of yesterday morning.

Tension was high yesterday and traffic into downtown Port Moresby was diverted via the Poreporena Freeway. There was no access into 2-Mile and Badili areas.

There was no police presence within the fighting zone on Sunday.

In Bulolo, Morobe, several attempts at negotiations finally resolved ethnic clashes involving the people of the two Sepik provinces and the locals.

Early last month, Engans and Eastern Highlanders living at the Horse Camp settlement at Sabama came to blows which resulted in a number of injuries and damage to properties.

In the latest incident, NCD metropolitan superintendent Joseph Tondop said the fight started following the killing of a man from Goilala late on Sunday afternoon.

Blaming the people of Tari in Southern Highlands, the Goilala people residing at Koki mobilised and attacked the Taris, resulting in the death of a man early yesterday morning.

Two bystanders also had their limbs chopped off. The woman victim, said to be from one of the highlands provinces, had her left arm chopped off while a man lost his foot during the confrontation.

Although police could not confirm how the fight initially started, it was believed that a group of youths from Tari, residing at the Vanagi settlement, had allegedly consumed alcohol and assaulted a family from Goilala at the Koki market.

A fight broke out resulting in the death of the man from Goilala.

NCD police superintendent operations Jim Namora yesterday confirmed that properties and houses were also destroyed in the fight.

Among the homes destroyed was that of former politician and Kiriwina MP William Ebenosi.

Namora said Ela Motors also had one of its cars’ windscreens smashed by a flying missile.

Tondop said police yesterday took control of the situation.

“I appeal to community leaders from Badili, Vanagi and the 2-Mile Hill settlements, including Koki, to come to the police station and have the matter sorted out.

“Please, respect the rule of law and do not take the law into your own hands,” Tondop said in his appeal to the warring factions.

Police had apprehended five suspects – two from Goilala and three from Tari.

Reports claimed that firearms, apart from knives, axes and other weapons, were also used in the clashes.

Meanwhile, acting Police Commissioner Anthony Wagambie yesterday denied reports of an alleged blockage mounted by members of the police special services division (SSD) at McGregor outside the city.

He said the incident only involved four drunken policemen.

Media reports alleged that SSD members had erected the barricade into the McGregor barracks last Saturday after refusing to hand over a number of weapons to a task force set up by police headquarters for a police contingent to fly over to Vanimo for a joint border patrol operation.

They claimed that the border operation was for the SSD and that the hand-picked men, by the acting commissioner and his acting deputy, were not fully trained men for such sensitive operations.

However, Wagambie yesterday assured the public and investors that the special services division was intact and orders had been served to deploy a contingent to Vanimo for border duties.

“Normal police investigations will be carried out into the matter and those responsible will be dealt with accordingly,” he said.

 

Parkop: Get vote on governor general out of house

THE nomination and election process of the governor-general should be removed from parliament and vested in a committee of eminent persons, NCD Governor Powes Parkop said yesterday, The National reports.

He said such a move would maintain the integrity and reputation of the office of the governor-general.

Parkop was commenting on what he termed as “increased politisation of the nomination and election process” of the governor-general.

The Supreme Court, on Dec 10 last year, annulled the reappointment of Sir Paulias Matane and ordered parliament to resume this year to elect a new governor-general.

Nominations for the vice-regal post would open today at 2pm.

“The committee should comprise the prime minister, leader of the opposition, chief ombudsman and the chief justice or their nominees,” Parkop said.

He said the practice of candidates lobbying for support among parliamentarians had also demeaned this high office “where, even MPs, are caught in political affiliations and do not seriously consider the integrity of the process and the office”.

He said by removing the election and appointment process from parliament, “we ensure the process of nomination and election is not compromised by political interest or influences and that the best candidate is appointed based on merit”.

“Alternatively, we should remove the office of the governor-general and have a head of state elected by the people under the presidential system of government,” Parkop suggested.

“Our experiences in the last 35 years, and the lessons to be learnt from the world, shows that the presidential system of government is most preferable and successful.

“It is time Papua New Guinea considers this option seriously.”

 

 

Senior cop: I did not abuse powers

THE senior police officer in the NCD Central Command who was accused of unprofessional conduct and abuse of process by a businessman in Port Moresby has denied the allegations levelled against him, The National reports.

He explained that the person accusing him, Simeon Manihia, was purported to have a legal relationship with his adopted daughter but that, he claimed, was false because they were just living together in a de facto relationship.

Manihia told The National on Sunday that the officer had abused his position as a senior police officer by getting involved in a trivial family matter.

He claimed the officer had used his position to get armed policemen to front up at his Tokarara home last Friday evening over differences over a nine-month-old child.

However, according to the senior officer: “Manihia has maliciously released a one-sided story to The National, alleging that I had not followed proper procedures and that I had used my position to get my officers to go to his home and harass him and his relatives.

“It was my adopted daughter who had laid a complaint and sought police assistance to go and get her baby who was still breast-feeding.

“The mother had gone to get her baby earlier but Simeon refused her request outright, and swore and threatened her, which resulted in her seeking police assistance.

“That was when police responded and I, as a father and a grandfather, felt obliged to follow my daughter and get the nine-month-old baby who is still breast-feeding and needed her mother’s  care more than the father’s.”

He said the claim by Manihia that armed policemen had entered his premises was not true.

“I was there and nobody was armed when we went into the area; the armed officers were outside the gate.

“A senior NCO and a member of the unit accompanied my daughter into the yard to get the child for fear of being attacked by her partner.

“I wish to categorically deny the allegations that I had used my position or rank to get policemen to do their duties.

“Like any other person or member of the public, my daughter was threatened by her husband so she had to seek police assistance.”

 

 

Cholera claims five in Abau outbreak

By ELIZABETH MIAE

 

FIVE people from Mailu Island in Central’s Abau district died from cholera during the festive period, The National reports.

Central health authorities believed that the outbreak occurred during the Christmas and New Year period.

Abau district health coordinator Etene Boyama said yesterday that the first cases were reported last Tuesday at the island’s health centre.

She said 44 people (in severe condition) were admitted and treated including those with mild diarrhoea throughout last week.

Boyama told The National that a team was sent into the area with medical supplies as well as information material to conduct awareness.

She said they managed to contain the spread and the situation was now under control but closely monitored.

More medical supplies have been transported to the Kupiano health centre where they would be taken to Mailu by dinghies on a six- hour journey.

Boyama said Wanigela village was also hit by the outbreak during that same period.

She said there was a possibility that the Wanigelas from Port Moresby’s Koki settlement, who went up for the holidays could have infected those in the village which caused

the spread.

Quick response by health workers at Kupiano health centre helped to contain the spread of

the disease.

Boyama said they were now putting together logistics to continue awareness and provide medical assistance to those affected.

Wanigela and Waiori villages located in the Marshall Lagoon area of Abau were hard hit by the disease last June which claimed 11 lives.

ICCC to monitor Roots Rice prices

By BOSORINA ROBBY

 

TRUKAI Industries’ Roots Rice brand will be monitored over a period of five years to make sure there is no unjust price increases on the staple grain, Independent Consumer and Competition Commission (ICCC) said yesterday, The National reports.

The move was arrived at following an extensive price regulatory review on the product by ICCC last year.

Price monitoring on this brand began on Jan 1 and will end on Dec 31, 2015, ICCC said, adding that it would also monitor the brand’s ex-factory gate prices and sea and road freight charges.

According to the 2010 rice industry pricing review final report on the regulated segment of the market, Trukai’s Roots Rice products accounted for more than 70% of the overall sales in the domestic market.

The ICCC, which promoted competition, fair trade and regulation of prices of certain goods and cervices, said only this brand would be monitored to ensure that there were no unjust price increases.

It said Roots Rice was traditionally consumed by low to middle income earners and is currently the leading brand in the market.

“Any price changes would automatically lead to price increases of other rice brands,” the watchdog said.

The PNG rice market showed many of the characteristics of an effectively competitive market but ICCC would continue to monitor them, especially Roots Rice.

In 2005, the ICCC undertook a comprehensive review into the price setting arrangements for rice products.

Following this, then Treasurer Peter O’Neill determined that prices of Roots Rice should be monitored under the provision of the prices regulations Act and the ICCC Act 2002.

This is stepping away from price setting regulation to a price monitoring approach, which is light-handed approach used by regulators.

This ended last Dec 31 and contributions from stakeholders, interested parties and the industry had concluded that the methods used before would continue.

These and the wholesale and retail charges are all currently declared as monitored goods and services under the provisions of Section 32A of the PR Act.

However, ICCC is giving Trukai Industries a chance to apply for the lifting of    price monitoring regime on Roots Rice products based on evidence “that competition in the rice industry is good”.

The ICCC will now use Food and Agriculture Organisation (FAO) medium grain index as its main rice price guide and would also maintain the use of existing Australian bureau of statistics (ABS) index to monitor Roots Rice prices.

Any significant changes between Roots Rice and FAO would be reviewed by ICCC in comparison with ABS index and information on the world-wide supply and demand balance.

The ICCC considered that at this point, the overall welfare and long term interest of PNG was best served by retaining a degree of oversight of the flour and rice markets, given the staple nature of these products.

The decision to maintain a degree of oversight in these markets was related to the ICCC’s concerns regarding the general cost of living, which is rapidly increasing more than the wages.

 

Basil and Michaels are new recruits for PNG Party

 Bu M  Bulolo MP Sam Basil and Tewaii Siassi MP Vincent Michaels have joined the PNG Party.

 

Basil was formerly with People's Progress Party while Michaels was with New Generation Party.

They move in the footsteps of fellow opposition MPs Konie Iguan (Markham) and Bonnie Overa (Okapa) who moved ahead of them late last year to join the PNG Party.

"The move now brings to four the number of our faction into PNG Party," they said. 

"There are many reasons why we have decided to leave our party to make this move but we will outline just a few here.

"We believe that there are too many political parties, both registered and deregistered out there, just enough to make almost every members of parliament as party leaders with a handful of party members - just like too many chiefs and not enough Indians.

"There should be at least four or five major political parties in Papua New Guinea because every man and his dog now owns a political party which in the future must be discouraged.

"Every political party must demonstrate and work towards institutionalisation with better policies and management in place.

 "We urge the public and political advisors to help by not encouraging MPs and political aspirants to create new political parties at will, adding to the unprecedented number of political parties we now have in the Commonwealth of Nations.

"The National Alliance Party has demonstrated a working political institution which has remained in power for over eight years now, creating political history.

"The political leadership of Sir Michael Somare and his kitchen cabinet has eroded the ability and the credibility of the single and the biggest political party in power today, and must be challenged, if not now, then in the 2012 elections.

 "In doing so we believe that like the law of the universe,   greater mass creates its own gravitational field that can attract and in order to match and fight the National Alliance,  we must build up to their level and capacity to match them on the battlefield and there is no other better way than this.

"Papua New Guinea, since gaining Independence in 1975 with over a million population, now has over 6.5 million people and we acknowledge here that there are many smart and dedicated people out there too - people who have the heart for this nation and one day can become our political leaders too.

"Our political party system must be seen to evolve as well to see a generational change in political leaderships.

"We say this with no regret because we totally think differently from the old guard, and there are many reasons out there which we need not to elaborate here.

"While at that, we would like to acknowledge the bold move made by Hon Sir Mekere Morauta to allow the PNG Party's leadership into the hands of younger generation leaders like Hon Belden Namah.

"Sir Mekere Morauta, being younger then Sir Michael Somare, has set precedence and demonstrated that PNG Party will now evolve with the younger generation MPs which he will be also be part of as a mentor.

"We urge our founding fathers to do the same because from the 6.5m population, there are many aspiring young, bright and upcoming leaders who will be passing through this parliament one day, therefore, a new culture of political evolution must be adopted.

"We need our founding fathers as mentors now from behind while they are still alive, and not from their graves, because it will be a great loss to the nation if they leave without mentoring the younger generation leaders.

"We would like to acknowledge Hon Bart Philemon and Sir Julius Chan respectively as great leaders of this nation, and will still maintain our close working relationship with them, in within opposition ranks and towards the 2012 general elections.

"Our exit from their leadership is to fight a fight that we all share, but we see it from a different angle, and it is to build a formidable political force while taking into consideration our political future.

"We cannot take on National Alliance from many smaller, fragmented political groupings, because we will just repeat the 2007 general election results again come the 2012 general elections.

"There are times when we humble ourselves our egos and our pride to mass up to match our opponent and this is just what we are simply doing.

"To our supporters around the country, I urge you to think the same because we all share the same sentiments and this is the best option we believe in and have taken."

Let's respect and follow the Constitution and laws

Statement by the Leader of the Opposition Rt Hon Mekere Morauta KCMG MP

 

 

The Supreme Court, in ordering the recall of Parliament, has given the Government and all Members of Parliament an opportunity to make amends, to correct illegal decisions and unlawful practices. 

I appeal to all Members of Parliament to seize this opportunity.

 Let us start 2011 in a way different from recent years.

 Let us start by respecting and following the Constitution.

Three constitutional issues are of relevance to the sitting of Parliament that commences on January 11, 2011:

1.      Election of the Governor-General

2.      Motion of No Confidence

3.      Parliamentary Sitting Days

If the people of Papua New Guinea are to respect the institution of Parliament and Members of Parliament as individuals, it is imperative that Members of Parliament insist on the Constitution being respected and followed in relation to each of these immediate issues during the January 2011 session.

 

1.      Election of the Governor-General

 

The Constitution and the Organic Law on the nomination of Governor-General set out clearly the procedures for Parliament to follow in election of a Governor-General. 

As the Supreme Court has found, in its nullification of the proceedings of June 25, 2010, when the Somare Government announced the appointment of Sir Paulias Matane as Governor-General, the Somare Government breached the Constitution and the Organic Law.

I briefly explain the process to be followed so that members of the public will be able to assess whether the acting Speaker and the Government this time follow, or again break the law, in the conduct of Parliament in this session.

Those seeking to be elected as Governor-General must meet the qualifications set out in Section 87(1) of the Constitution.

A nominee must be a citizen who is:

·        Qualified to be a member of Parliament or remain as a member of Parliament in accordance with Section 103 of the Constitution; and

·        A mature person of good standing who enjoys the general respect of the community.

 

We should note in passing that the third qualification implies that the nominee is not meant to be a party-political nominee, in the way that the National Alliance has unashamedly declared its allegiance to an individual candidate – to the point of jetting delegations around the country carrying bags of rice.

 The second and the third qualifications also imply that the nominee should not be a person who has been found to have broken the law.

Section 88(2) of the Constitution states that the Parliament shall nominate a person for appointment as Governor-General by:

·        A simple majority vote; and

·        In an exhaustive secret ballot.

The process is as follows.  The Speaker (or, in this case, the acting Speaker) must:

1.    Notify the Members of the Parliament of the need to elect a Governor-General;

2.    Fix a date (within 10 days of the notification to Parliament of the vacancy) for the conduct of a ballot to decide the person nominated by Parliament to fill the vacant office; and

3.    Call for nominations to fill the vacancy.

The Organic Law on the Nomination of the Governor-General prescribes a form that the Proposer of a nominee is to fill.

 The Proposer must be a Member of Parliament, and 15 other Members of Parliament must sign the form as supporters of the nominee. 

No Member can support more than one candidate, and the nominee must also sign the form accepting the nomination.

The proposal form must be handed to the Clerk, before the time fixed for the ballot. 

The Clerk has the discretionary power to accept or reject proposal forms that are defective or where he reasonably believes that a proposed candidate is not qualified to be nominated and appointed Governor-General.

There is an argument current in legal circles that Sir Paulias Matane is not qualified to be nominated in January 2011, because he illegally occupied the office of Governor-General from May 26, 2010, illegally received benefits, and failed to vacate Government House by midnight on December 13, 2010, as ordered by the Supreme Court.

Even if the Clerk accepts the nomination of Sir Paulias, the proposal has to be in the correct form.

The Clerk must furnish the (acting) Speaker with a list of all candidates for election, so the Speaker may declare the names to the Parliament. 

On the day fixed for the election the Clerk must distribute to each member present in the Parliament a ballot paper in a form he approves.

The ballot is to be an exhaustive secret ballot.

Should Sir Paulias be nominated correctly, and should his nomination be accepted by the Clerk, as a former Governor-General he would still have another step for qualification for the ballot. 

An absolute majority (73) Members of Parliament must agree for him to be eligible to serve a second term.

 

Should 73 Members of Parliament agree for Sir Paulias to be eligible to serve a second term, the Parliament would then proceed to the exhaustive secret ballot, as set out in Sections 7, 8 and 9 of the Organic Law.

 If 73 Members do not agree to Sir Paulias contesting again, his name cannot be put forward in the ballot.

It is in the interests of the people for the Acting Speaker and the Government to allow the Clerk to fulfil his lawful duties and for Parliament to follow the process set out under the Constitution and the Organic Law to elect our next Governor-General at some point during the next 10 days.

It is a secret ballot.

 I appeal to all Members of Parliament to use wisdom and their conscience to vote for a candidate who does not represent narrow political or regional interests, a candidate who is known to be a law-abiding “mature person of good standing who enjoys the general respect of the community”.

 

2.      Motion of No Confidence

 

The second issue of relevance to the January 2011 session of Parliament is the tabling of a motion of no confidence.

The Opposition has publicly announced its intention of forwarding to the Acting Speaker a motion of no-confidence in Prime Minister Michael Somare in a manner which entirely conforms with Section 145 of the Constitution and the Standing Orders of Parliament.

In October and November 2010, I wrote to Speaker Jeffrey Nape requesting clarification of the fact that a Motion submitted in accordance with Standing Order 130 and the Constitution must be delivered to the Clerk by the Private Business Committee for inclusion on the Notice Paper.

Speaker Nape’s written reply was:  “As a motion of no-confidence is allowed under the Constitution and is of a substantive nature, the Private Business Committee has a very clear obligation to deliver it to the Clerk.” 

The Speaker further stated that “once the procedural requirements [of Standing Order 22(3)] are met, the Committee clearly has no legal authority to impede the process thereafter”.

It is the view of the Opposition, supported by legal advice, that the Private Business Committee has no power to determine whether a Motion of No Confidence should or should not be voted on. 

The power to make that decision is vested in Parliament, and Parliament alone – not the Speaker, not the Private Business Committee.

Section 11 of the Constitution states that the Constitution is the Supreme Law.

 It is therefore not possible for the Private Business Committee to determine a Motion of No Confidence in a Prime Minister to be of “a parochial nature”. 

Given the primacy of the Constitution, the Private Business Committee must determine that such a Motion is “a matter of national importance”.

 

That is the legal position. 

In addition, there is a very compelling case for a Motion of No Confidence to be tabled as a matter of national importance in January 2011.

In December 2010. the Public Prosecutor wrote to the Chief Justice requesting the establishment of a Leadership Tribunal to hear charges of misconduct in office against the Prime Minister Sir Michael Somare.

That Leadership Tribunal will be established once the Courts resume after the Christmas recess. 

Once the Tribunal is established and the Public Prosecutor then refers the matter to the Tribunal, Michael Somare must, by law, vacate the office of Prime Minister.

 It is not a question of temporarily handing over to a favoured person to “act” while the Tribunal hears the case. 

There will be a vacancy in the office.

The Opposition’s proposed Motion of No Confidence in Prime Minister Somare will state numerous grounds for the people’s loss of confidence in Michael Somare as Prime Minister. 

His failure to submit Leadership Returns for 10 years is only one of the numerous failures cited. 

Others include his wilful breaking of the Constitution and other laws, as set out in the Ombudsman Commission’s Report and the Defence Board of Inquiry into the Moti case; his contemptuous treatment of Parliament by disallowing debate, frequent adjournments and illegal decisions, as the Supreme Court found in the appointment of Sir Paulias as Governor General in June 2010; to name a few.

It is impossible for any person to argue that a Motion of No Confidence in a Prime Minister who has been referred by the Public Prosecutor to the Chief Justice to face leadership charges is not “a matter of national importance”.

I reiterate: A Speaker, Acting Speaker, Private Business Committee, a Prime Minister, Acting Prime Minister or Leader of Government Business, does not have the legal power to prevent tabling of a Motion of No Confidence in the Prime Minister, if it conforms to the provisions of Section 145 of the Constitution and to relevant Standing Orders of the Parliament.

By allowing Parliament to vote on the Opposition’s proposed Motion of No Confidence in Prime Minister Michael Somare, the (acting) Speaker and the Government have a second opportunity in this session of Parliament to demonstrate to the people that they no longer intend to wilfully breach the Constitution.

 

3.      Parliamentary Sitting Days

 

The third issue that the Government has the opportunity to make amends on during this session of Parliament is the duration of the session and subsequent sessions from now to August 2011.

Section 124(1) of the Constitution prescribes that “the Parliament shall ... meet ... for not less than nine weeks in each period (of twelve months)”. 

In 1999 the Supreme Court ruled that the meaning of “nine weeks’ in this context was 63 days and that the ‘parliamentary year’ commenced on the day after the return of writs following a general election.

In the current Parliamentary year, which commenced on August 07, 2010, Parliament has sat for only FOUR days.

In the 2008-2009 parliamentary year, Parliament sat for only 31 days, less than half of the prescribed 63 days.

In the 2009-2010 parliamentary year, Parliament sat for only 35 days, 28 days short of the required 63 days.

When the Government adjourned Parliament on November 25.  2010, the date set for resumption May10, 2011.

Even if Parliament were to sit for FOUR days every week of the 12 weeks from May 10 to August 7, Parliament would only sit for 47 days, making a total of 51 days – again short of the required 63 days.

 So when the Government adjourned Parliament in November to May, it was again in deliberate breach of the Constitution.

We all know the reason that the Government did not want to sit for the first 5 months of this year – to avoid a possible vote of no confidence.

Even when on December 10, 2010, the Supreme Court ordered Parliament to sit within 40 days, the Government tried to avoid this and requested the Acting Speaker to go back to court, arguing that the Court did not have the power to recall Parliament.

The Government’s intentions in this challenge to the Supreme Court were nakedly clear – they wanted to defy the court order so as to avoid recalling Parliament – so as to avoid a vote of no-confidence.

The Acting Speaker’s application to the Supreme Court was dismissed with a very stern statement and strong criticism of the intentions behind the application.

In ordering the recall of Parliament, the Supreme Court has given the Government a third opportunity to demonstrate that it is finally prepared to start respecting and following the Constitution, by allowing Parliament to sit for a considerable period during this session, and by setting the date for the next session early in the year, so that Parliament might sit for a minimum of 59 days from January 11 to  August 5,  2011, and meet the constitutional requirement of 63 sitting days during the current parliamentary year.

 

Conclusion

 

 This session of Parliament gives the Government and all Members of Parliament three explicit opportunities to show the people that Members of Parliament do respect and obey the laws of our country. 

There are clear provisions laid out in the Constitution for the three issues I have raised which are pertinent to the current sitting of Parliament, namely:

·        election of the Governor-General;

·        voting on a motion of no confidence in the Prime Minister; and

·        No early adjournment of Parliament.

 

I appeal to all Members of Parliament to ensure that we make amends to the people by abiding by the Constitution in relation to each of these issues.