Lawyer: House can fix dent in OLIPPAC

WEDNESDAY’S Supreme Court decision on the Organic Law on the Integrity of Political Parties and Candidates (OLIPPAC) was hailed by its referrer, Dr Bob Danaya, as “justice being done at last” for the people of PNG, The National reports.

Danaya and counsel Loani Henao, however, said the decision had left a “dent” in the OLIPPAC.

Henao said: “The major parts of the OLIPPAC that we challenged in court have been declared unconstitutional, but the rest remained intact.

“The question of whether what remains of the OLIPPAC would hold the law together is something for Parliament and the registrar of political parties to consider,” he told reporters after the court decision.

“In our view, the OLIPPAC had been severely dented. And, so, necessary amendments are needed to put together a complete OLIPPAC.”

Henao said while the intention of the OLIPPAC was to bring stability to government, such should not happen “at the expense of freedom of choice, freedom of expression and freedom of exercising conscience”.

“Do it properly; you can still do it within the framework of the Constitution.

“Do not abuse and do not take away the rights of the people which are expressed by their representatives.”

Thanking his legal team for convincing the Supreme Court to rule in their favour, Danaya said: “I can tell Members of Parliament that from this hour on, you are free to resign from a political party – if you wish to – and join another party or form another party.

“MPs now have that freedom; and, the important thing is, from here onwards, we must ensure there is good governance in Parliament and throughout PNG.”

Henao said the fears of a dictatorship were gone.

“That has been removed.

“True democracy has returned.

“The Supreme Court decision was very important. It was, hopefully, a lesson to the legislators that the enshrined freedoms in the Constitution must not be tempered or interfered with.

“These freedoms are put there so that they will allow the constituencies and the grassroots people of this country to exercise their freedom of choice and their freedom of expressions through their elected MPs.

“That should never, ever have been taken away in the first place.”

 

 

Australia to provide A$50m for churches in Papua New Guinea

CHURCHES will be provided funding from the Australian government to continue to provide health and education services in Papua New Guinea, The National reports.

The churches play a very crucial role in delivering these services in the rural areas of PNG. They are present in areas where often the government, at provincial and national level, does not penetrate into. Over time, this has meant that people have grown to trust the church more than the government in delivering these services.

During the Australia-PNG bilateral meeting in Alotau this week, the role of churches in delivering a better outcome for the Australian aid programme was discussed.

Australian foreign minister Stephen Smith announced that, consistent with the review recommendations that the aid programme deliver better outcomes, Australia would support a PNG church partnerships programme.

This would comprise A$50 million over five years starting this year.

The programme would also help Australian churches work with their PNG counterparts to implement health, education and community development activities.

The PNG delegation welcomed this initiative.

This was one of a number of outcomes agreed upon at the conclusion of the meeting in Alotau yesterday.

It was also agreed during the meeting that the PNG liquefied natural gas (LNG) project represented a significant opportunity for PNG to transform the economy, and ministers noted the progress on the design of the sovereign wealth funds, which the Australian government is helping to set up.

The ministers agreed that Australia’s current level of overseas development assistance to PNG would not be affected by any commitments to assist with the implementation of the LNG project.

The ministers also agreed that the PNG LNG project was a schedule-driven project to meet commercial obligations and the timely delivery of this project would auger well for future investments in PNG.

The commercial obligations were mainly from bankers who had provided funding for the project, and wanted to see an outcome at the scheduled time.

The US$17 billion project has started with infrastructure development at project sites, and the first LNG cargo is expected to leave PNG shores in late 2013 or early 2014.

Kumuls must get ready for four nations' rugby league meet

By REGINALD RENAGI

 

The Papua New Guinea Rugby League administration must now get its act together to sort out the legal impasse or forget about PNG's participation in the forthcoming four nation rugby league tournament this October.

Time may be running out for the PNG Kumuls and PNG must also be concerned for several reasons.

While we stuff around, the Australian and New Zealand organisers of this important meet are also watching, and wondering whether PNG will be ready for this planned tournament.

We should not let the threat of resignation by Kumul coach Adrian Lam force us to come to a compromised decision that will destroy the integrity and long-term sustainability of rugby league in this country.

Let the rugby league administration now decide what is good for the development of rugby league in PNG.

What we decide now must be long in vision and mission, whether we are preparing for the four nations meet four months from now or the Australian NRL Bid proposal.

There is an urgent need for the Kumuls to must start preparing now or PNG may not be sufficiently prepared for this year's four nation tournament.

 Adrian Lam is the best Kumuls' coach so far, and it will be a shame if he was to step down as the Kumul's coach.

 Lam values his professional credibility more than the silly games the league administration is currently embroiled in at this moment.

The PNG Rugby League Administration's lack of clear direction has now prompted Sports Minister Philemon Embel to personally take matters into his own hand to try to resolve the legal impasse (which will no doubt drag on for some time, and time is what we cannot afford right now).

The Sports Minister must be commended for his foresight and quick action here.

 It's somewhat surprising to see the Sports Federation not taking a more-proactive action here to directly address the situation early until the resignation threat by Adrian Lam as recently reported in the media.

Last Saturday's meeting at Port Moresby's Crown Plaza hotel organised by the Sports Minister for all rugby league stakeholders to meet and resolve the present impasse has a temporary but a positive outcome. 

The meeting decided to have a caretaker rugby league administration in place until the court decides who the rightful rugby league board is. 

This is a positive start. 

What are really needed now are a good strong leadership and management within the PNG Rugby League administration to take the rugby league code forward into the future.

We must do this without any undue political and external interference to make decisions that will only compromise the growth and sustainability of this popular sporting code in PNG.

 

Reginald Renagi

*Former President, Defence Force Rugby League and Union

 

Integrity law thrown out

THE law that has regulated the conduct of Members of Parliament has been thrown out, prompting speculations moves were being made to overthrow Prime Minister Sir Michael Somare, The National reports.

In a unanimous ruling, the Supreme Court yesterday declared unconstitutional parts of the Organic Law on the Integrity of Political Parties and Candidates (OLIPPAC) that place restrictions on MPs when they vote for the prime minister, the budget, any constitutional laws, and whether they want to remain within a political party or change allegiance.

The five-judge bench, chaired by Chief Justice Sir Salamo Injia, upheld all the 12 questions raised by Western Governor Dr Bob Danaya, whose provincial government filed the challenge in court.

While this decision effectively ruled those particular sections raised by Danaya as null and void; every other section of the OLIPPAC remained intact, the court said.

Sir Salamo, who read out the decision, said the bench held that “any Organic Law relating to section(s) 50 Rights of the Constitution must be regulated and not restrict or prohibit” MPs of their democratic rights, as had been done by the OLIPPAC.

Sir Salamo said their ruling concentrated on five central issues, relating to MPs’ democratic rights of movements from political parties and their rights or choices to vote in parliamentary decision relating to:

* The retracting of MPs from one political party to another – at will – in the best interest of their constituencies;

* The voting of a prime minister;

* Voting on the national budget; and

* Casting their votes to the enacting of a law or repealing of a constitutional law.

He said the restrictions imposed on Members of Parliament were “unheard of in any democratic countries within the Commonwealth”.

In its 96-page decision handed down yesterday morning, the five-judge bench comprising Sir Salamo, his deputy Gibbs Salika and justices Bernard Sakora, Nicholas Kirriwom and Les Gavara-Nanu stated that “the Fly River provincial government filed a special reference under section 19 of the Constitution seeking the Supreme Court’s opinion on the interpretation and application of various provisions of the Constitution and the OLIPPAC. 

Provisions rendered invalid by the court are as follows:

* Constitution, ss12 (4) and 114, only to the extent that they authorise an Organic Law to restrict and prohibit the exercise of a Member of Parliament’s right under s50(1)(e) of the Constitution; and

* OLIPPAC, ss 65, 66, 67, 70 (3), 72 (2), 73 (1) (a) & (2).

Yesterday’s decision, in effect, meant that should a vote of no-confidence in the government is tabled, all MPs are at liberty to move to whichever side of the Parliament they wish to vote with.

They are no longer prohibited to stick to the party they are registered with. They can change political parties at will; they can vote on free will at enactments or repeals of enacted policies or vote on budgets.

“Not being able to do so is a thing of the past,” Loani Henao, lawyer for Danaya and the Fly River government, said soon after the decision.

Following the decision, the opposition issued a statement calling on MPs to join them to topple the prime minister.

Sources told The National talks were underway with different factions of the government and the opposition to remove Sir Michael and form a new government.

“They (talks) have been happening. They would intensify with the decision out now,” a source in Waigani said.

The source said the prime minister was also meeting with key figures of his government to ponder their next move.

Opposition: Join us oust Somare

THE opposition has welcomed the Supreme Court decision to nullify parts of the integrity laws and called on government members to join in the move to remove the government of Prime Minister Sir Michael Somare, The National reports.

Deputy leader and Lae MP Bart Philemon said the Organic Law on the Integrity of Political Parties and Candidates (OLIPPAC) was good for political stability, but had contributed to government using its numbers to stream-roll everything through Parliament.

“A lot of things that had been done by the government were highly questionable including the forestry amendments, proposed Ombudsman Commission amendments and the Environment law amendments,” Philemon said.

“The shackles that lead us, once you vote for the prime minister, you vote for government and, once you vote for the budget, you vote for government, have been removed.”

Philemon said now Members of Parliament could stand on principles to vote with conscience and not on money.

“We wanted to remove the government because the government had lost its way.”

He said there were outstanding issues including Moti saga, misuse of agriculture development funds, Taiwan scandal, Singapore’s K40 million scandal and the increase in the number of

ministries to 32.

“If you want to change this kind of tyranny and kitchen cabinet, we invite the 34 on the government to join us to change government.”

Philemon made the commitment that, for stability, the new government would go back and try and fix the areas pointed out by the Supreme Court without infringing the Constitution.

He was flanked by former prime minister and New Ireland Governor Sir Julius Chan, Kairuku-Hiri MP Paru Aihi, Imbonggu MP Francis Awesa, Mendi MP Isaac Joseph, Markham MP Koni Iguan, Tewai-Siassi MP Vincent Michaels and Bulolo MP Sam Basil.

Awesa, in backing Philemon, said the OLIPPAC had virtually held MPs as prisoners in their respective party.

“We, in the last eight years, have been subject to a mini-dictatorship and that has been removed.

“It is time for right-thinking leaders on the other side to stand up and be counted.”

Sir Julius said it took the court a long time to correct an unconstitutional legislation.

“Now, they (MPs) are truly free because, sometimes, they voted against their own conscience.

“This is your chance to correct the mistakes and to put the country back on course.

“The victory is not for us MPs, but for the people.”

 

 

Kavo ousted as governor

KEREMA MP Pitom Bombom was elected as the new governor for Gulf yesterday afternoon at the Gulf assembly in Kerema, an election that took place despite a court action filed in the Waigani National Court, The National reports.

Incumbent governor Havila Kavo showed up with five appointed assembly members.

But there was confusion as to what happened, and whether there were one, or two sittings yesterday.

According to one report, nine LLG presidents, Kikori MP Mark Maipakai and Kerema MP Bombom were present and elected Bombom as governor.

But a spokesman for Kavo said last night said Kavo had called for an assembly sitting at 2pm but the other faction did not show up.

“After having waited for almost 30 minutes for other ‘faction’ members to enter, Kavo as chairman adjourned the sitting to Aug 13 while all members rose and exited the chambers,” Kavo’s spokesman said.

He said when they were all out, the other party entered the chamber where they carried out the no-confidence motion.

But a spokesman for Bombom said the vote was carried out, and when Kavo lost, he stormed out with his team.

During this meeting, court papers of an appearance last Friday was served on those present.

Funds released for anti-retroviral treatment

National AIDS Council chairman Sir Peter Barter has thanked Prime Minister Sir Michael Somare and Health Minister Sasa Zibe for the release of K6 million which will be used to purchase and administer treatment for those people infected with HIV for the remainder of 2010.  

Although it was announced at the National Youth Debate held at the Divine Word University in Madang recently that funds had been approved for this purpose, the actual money has now been received and both the Department of Health and the National Aids Council Secretariat are engaged in ensuring these funds are used immediately to ensure the continuation of treatment for those under treatment as well as those expected to be infected in the future, in particular for children and pregnant women.

Sir Peter said the NAC had also requested that provision be made within the 2011 budget for funds to be made available so treatment could continue into the future as it was now time that Papua New Guinea took ownership of the challenge to ultimately eradicate HIV completely from the country, which could only be done by collectively working together and through effective coordination. 

“I am sure that the release of funds will convince our donor partners that the GoPNG is genuinely concerned, and that the release of funds will restore credibility with those donors, including the Global Fund, that we and all stakeholders will do all possible to prevent the spread of HIV in PNG,” he said.