Failing public sector could derail equitable benefit sharing of the gas project

This Editorial - from the Nasfund newsletter -  is in dedication to five outstanding State agencies that give us hope that we can do it right.

 

• Bank of Papua New Guinea
• Institute of Public Administration
• Alotau General Hospital
• Goroka Base Hospital
• Post PNG

 “The evidence we have shows that fiscal management and accountability have collapsed” – Timothy Bonga MP, Chairman Parliamentary Accounts Committee

Without an effective public service, we will increasingly see Papua New Guinea’s growing mineral boom being fritted away with the benefits unequally shared. This will mean minimal impact on service delivery, especially outside of Port Moresby.

It is clear that the PNG Government Sector has lived well beyond its means for a decade or more. It is costly, grossly inefficient and largely ineffective. Large sections have been corrupted and deskilled.  To quote the Public Accounts Committee (PAC)

“systems of accounting and reporting in all government departments have collapsed under the gaze of the departments of Finance and Treasury, law enforcement agencies and Parliament with no attempt to stop the endless illegalities and incompetence.”

The recent expose’ in the papers of the PAC findings are simply breath taking as to the incompetence and lack of accountability right throughout the machinery of government. In the latest round of PAC reports covering 900 state agencies only five made the grade. As the Chairman of the PAC stated

“Of the hundreds of agencies we have examined, we can only find five that maintained proper, lawful, auditable and reliable financial information. “

How are we going to provide education, aid posts, roads and other services, when the very machinery is incapable of basic delivery? How are we going to progress the Nation if the Lands Department is assessed by the Committee in the following less than complementary terms “Corruption and criminal collusion by senior managers is an accepted incident of the departments functioning”.

Sadly, the facts as being highlighted have been well known for over a decade. Currently the expenditure on salaries and wages within the public sector takes up approximately 45% of recurrent budget expenditure. Many look to the LNG project tax receipts as the solution, believing that the answer is just to throw more money at the problem. Sadly money has never been the root cause of the effectiveness or lack of effectiveness of the public service. Money has always been there, it has just been washed away through incompetence, corruption and lack of discipline. The real solution to the Public Service is leadership…and from that taking responsibility. Two key words sadly in short supply.

 

Kapris: I am sorry

Prisoner given another 4 months, K1, 000 fine for firearm

By GEEJAY MILLI

PRISON escapee and bank robbery suspect William Nanua Kapris said sorry yesterday about his deeds, and said he wanted to serve his time in jail and become a good citizen again, The National reports.

The alleged mastermind of the 2008 bank robberies appeared in court yesterday in Boroko before Magistrate Danny Wakikura.

He and 11 others escaped from the Bomana maximum security facility on Jan 12. He was caught three weeks later in a motel in the city. He had a gun in his possession at the time.

Kapris was sentenced to four months imprisonment and fined K1, 000 for being in possession of an unregistered firearm.

Before sentencing him, Magistrate Wakikura asked him why he did not appear in court in the last two days.

 “Askim ol CIS lo explain why mi no bin apia, bihain ol kalabusim mi, ol i lokim mi na mi nogat idea wanem taim lo kam lo kot” (ask the CS to explain the reason why I did not appear. After I was captured, they locked me away and I had no idea when to come to court),” Kapris said.

Kapris was convicted of this offence after he pleaded guilty on Feb 10.

Mr Wakikura told him he had four months to pay the fine, or four months would be added to his time.

Police prosecutors informed the court that Kapris’ existing sentences included a sentence on Jan 29, 1997, of four months for escaping; a Nov 3, 1997, sentence for 15 years for two rape charges; a sentence on May 4, 1998, of 20 years (concurrent) for attempted murder; a sentence for four weeks hard labour for assault on May 29, 1998; a three-month sentence on Feb 1, 1999, for escaping from lawful custody; a 12-month sentence on Oct 5, 2000, for unlawful assault; and a three-month sentence on March 26, 2004, for escaping.

All that adds up to about 16 years for Kapris because of the concurrent nature of most of the sentences. This does not include the alleged crimes he is still to face trial for, including the robberies and the Jan 12 escape from Bomana.

Kapris spoke out when Magistrate Wakikura asked if he had anything to say to the court.

“Olsem mi bin tok pinis, kes blo mi gat politics involve; mi holim displa firearm lo protektim mi yet; mi nogat tingting lo bagarapim public; mi askim marimari blo kot so mi ken servim stret taim blo mi.

“Givim seken sans long mi so mi ken senis; mi ken pinisim taim blo mi lo kalabus na kamap gutpla citizen blo kantri.

“Mi tok sori. Mi save mi rong. Mi tok sori lo kot na sori lo pablik tu. Em tasol, tenkyu (Like I stated previously, politics is involved in my case; I kept the firearm to protect myself; I had no intention of harming any member of the public. I ask for the mercy of the court so that I can serve my time. I ask for a second chance, to change, so that I can finish my term and become a good citizen of this country; I am sorry; I know I have done wrong. I say sorry to this court and to the public. That is all, thank you).

Media personnel reporting the court proceedings were not allowed to interview Kapris.

On the charge of escaping from lawful custody, the matter would be indicted by the public prosecutors on April 8.

The firearm Kapris had is to be tendered in court on March 22 and will be destroyed within 30 days if no one steps forward to claim it.

Rambi: NEC to step in on row

INTERNAL Security Minister Sani Rambi yesterday admitted the Government’s hand in the problems confronting the top hierarchy of the police force, and promised to go to Cabinet today to have it resolved, The National reports.

A press conference was arranged at the police headquarters at Konedobu where Police Commissioner Gari Baki spoke to reporters first, and Mr Rambi joined about 30 minutes later.

Both Mr Baki and Mr Rambi were concerned about the headlines Mr Baki has been making in the last three days, relating to the court case between him and Tony Wagambie, and another case filed by Raphael Huafolo, and Mr Baki’s decision to bring back Geoffery Vaki from suspension.

Both were concerned that the media publicity was giving the impression the police force was divided, and deviating away from its responsibility to fight crime and maintain law and order.

Mr Baki also criticised The National for reporting on its front page that he had filed a legal challenge against the National Executive Council, when that action was actually a judicial review proceeding instituted by Mr Huafolo relating to his appointment.

Mr Baki said at no stage in the whole saga was he challenging the NEC, the appointing authority.

Mr Baki said Mr Huafolo was seeking to ask the courts to rule that the NEC had acted improperly and outside of its jurisdiction in appointing Mr Wagambie under section 49 of the Police Force Act1998 to the position of acting deputy commissioner of police.

Mr Baki said he had made the decision to bring Mr Vaki back after a year out in the cold. Mr Vaki was suspended to allow police investigations into alleged abuse of a female companion. He was cleared by the court later.

Following Mr Vaki’s suspension, Mr Huafolo was appointed to act as deputy commissioner by Mr Baki.

But it appears that NEC decided to appoint Mr Wagambie when the submission to suspend Mr Vaki was brought to NEC.

Mr Wagambi’s case is before the court, and a contempt proceeding against Mr Baki is related to this.

Asked if bringing a fresh NEC submission to reinstate Mr Vaki would be disrespect of the court, which is dealing with these issues, Mr Rambi said he did not think so.

“I’m taking a submission back to NEC to recall Mr Vaki, to confirm his appointment. The court process is there, and we respect it. But these are urgent issues within the force which we have to deal with.

“The submission might go to NEC tomorrow (today).

“There are rumours the Government is split about this. I can assure you we are not. I met the Prime Minister on Tuesday and briefed him, and he said to allow the court to take its course.”

'Senat is a menace'

AIDS patient Nicholas Senat is becoming a menace to the Lae public, The National reports.

He has been threatening students, commuters and the public with a syringe.

The Morobe provincial AIDS committee last night asked the police to step in and arrest him.

PAC coordinator Charles Pepe said Mr Senat should not be threatening the public.

“He should be taken into custody and sent home,” Mr Pepe said.

He said Mr Senat’s behaviour was placing the lives of other people at risk.

Mr Pepe said under the HIV/AIDS Management Act, people who knowingly transmit the virus could be charged with a criminal offence.

He urged relatives to meet with the PAC to discuss ways to care for him.

“We can send him to Siassi but who is going to look after him?” Mr Pepe asked.

Mr Senat’s parents are in Port Moresby.

In January, the PAC had paid boat fares for both Mr Senat and an escort to Siassi Island to his Omom village, where his medication would be sent.

But Mr Senat returned to Lae in February.

At the beginning of this month, he began threatening people.

Last Saturday afternoon, he walked into the Foodmart Supermarket around 5pm and started eating the food he collected before paying for it.

On Monday, he walked into the Amba Demonstration School’s elementary section at Ampo and chased all the pupils out, threatening “to inject them with AIDS”.

The next day, he confronted an upper primary pupil from the school and tried to grab him but was shrugged off.

On a PMV bus from Balob to China town on Tuesday, commuters ran out of the bus at China town and fled for their lives urging the driver and conductor to “take him to the police”.

At Eriku yesterday morning, he swore at people who stared at him.

He pointed to a group of about 50 men, women and children and shouted: “You call me AIDS man. Ten of you have AIDS.”

Baki takes NEC to court

Caption: Mr Baki (right) talking to private lawyer Jacinta Murray outside the Waigani National Court premises yesterday after his request for a judicial review was deferred to April 15 for substantive hearing. With them, at left, is assistant commissioner for investigations, Raphael Huafolo.

By JACOB POK

POLICE Commissioner Gari Baki has gone to court challenging a National Executive Council decision to appoint Tony Wagambie as acting deputy police commissioner operations, The National reports.

The move by the head of the police hierarchy came days after a bench warrant was issued for his arrest after failing to appear in court on numerous occasions to answer contempt charges taken out by Mr Wagambie on allegations of defying a National Court order last year to install him as acting deputy police commissioner operations.

Although Mr Wagambie is now on the job he was fighting for, he still pursued the contempt charges against Mr Baki because of the long delay and failure to attend court and act on court orders.

Cabinet’s appointment of Mr Wagambie as acting deputy police commissioner operations was gazetted last March 27 but was not effected until recently while the contempt charges against Mr Baki were pending in court.

Mr Baki voluntarily appeared in court on Monday and the bench warrant was set aside.

He was put on bail.

In a new twist of events yesterday, Mr Baki appeared before National Court judge Justice Ambeng Kandakasi along with private lawyer Jacinta Murray of Murray Lawyers, foregoing State lawyers, to seek a judicial review of the NEC decision.

However, Justice Kandakasi ruled in court yesterday that the application for review was related to the same issue that had led to the contempt proceedings.

As such, he said the matter would be discussed at the substantive hearing, slated for April 15.

He said the contempt proceedings had to be dealt with before other matters.

Also this week, former deputy police commissioner Geoffrey Vaki, who was sidelined on allegations of abusing a woman, was recalled to his position.

Media reports said a minute, dated March 12, from Mr Baki to Mr Vaki directed that the latter take up the job no later than 8am on Monday, March 15.

The minute also advised that Mr Wagambie will return to his job as commander Southern region

Moem ex-soldiers query finish pays

MORE than 100 Moem Barracks soldiers, who were discharged from the army in 2000, are urging the PNG Defence Force to speed up the settlement of their entitlements so that they can return to their villages, The National reports.

The 113 soldiers were retrenched 10 years ago but they are still staying in the barracks under trying conditions with only about K100 a fortnight to cater to their household needs including food, school fees for their children, medical expenses and other obligations.

A group of the ex-soldiers told The National yesterday that life at the barracks had become too difficult for them to bear as their school children could not attend higher educational institutions when they were still struggling to have an adequate meal daily.

They said younger soldiers who were trained by them and had served fewer than 10 years were retrenched and paid off between K60, 000 and K90, 000 but they were paid between K15, 000 and K20, 000.

“It is total injustice for the years of service,” they said.

They said many of them started serving the army before independence and the defence hierarchy now wanted to repatriate them with nothing to commemorate their loyalty, commitment and dedication to the nation.

Spokesman John Kapo said: “There have been several court proceedings on our grievances, the recent being at Waigani last September where the court ordered that we be paid before Christmas so that we could leave for our villages.

“We are still waiting.”

He said since 2000, a total of 11 ex-soldiers waiting for their entitlements in Moem had passed away and nine family members of soldiers in their group had also died.

“Most of us are reaching old age and do not wish to die in the barracks but in our villages where we can settle down with our families,” he said.

The ex-soldiers claimed the army was inhumanely treating them and appealed to anyone who could help to contact 76362102, 71358835 or 71316881.

Narakobi, a man of law

He was a role model to young lawyers: Kua

PAPUA New Guinea Law Society president Kerenga Kua has described the late Bernard Narokobi as a man who dedicated his entire life to the service of the rule of law.

“Every once in a while comes a man who expresses an ideology that gives an alternative way forward for a nation.

“For PNG, Mr Narokobi exposed the Melanesian Way as a doctrine and a path for developing PNG.”

Mr Kua said the Melanesian Way ideology was intended to enable PNG to forge its own unique path of development or as a compromise to blend the PNG ways, customs and practices into the western lifestyle, customs and practices.

“Dr Narokobi took that philosophy with him, even to the bench where he served as an acting judge for a short while and during that term he firmly held the view that there was an important role for our customary laws to play amongst the laws of this country,” he said.

“For instance, in one criminal case, he ordered the payment of pigs as adequate compensatory payment for a criminal offence (that judgment was set aside by the Supreme Court on appeal).

“This goes to prove his commitment to ensuring that the customs of this country were recognised and allowed to play an important role amongst the mostly Western-styled legislation and common law.

“It takes a man of courage and a high degree of intellect to be able to do that. It is to espouse a unique brand of philosophy and to defend and implement it too.

“Dr Narokobi was such a man,” Mr Kua said in a public statement yesterday.

He also said Dr Narokobi was one of the first Papua New Guinean lawyers who dedicated his life to the service of the rule of law.

“Dr Narokobi has set a very high level of moral, ethical and professional standard and all young lawyers should aspire to set such standards.

“His life will be an inspiration and a role model for lawyers for generations to come.

“Lawyers mourn his death and convey their heartfelt condolences to the children, grandchildren and relatives of the late Dr Narokobi, one of Papua New Guinea’s most distinguished lawyers.”