No special law for Sir Michael

 ‘Supreme Court May 2010 ruling applies in prime minister tribunal’

 

By JULIA DAIA BORE

 

THE Supreme Court has spoken and that the Prime Minister, Sir Michael Somare, stands suspended from office, senior private lawyer Loani Henao told the NBC Talkback Show programme, The National reports.

Citing the decision of the court last May in the matter of former finance minister Patrick Pruaitch (SCA 7 of 2010), Heano said a precedent had been set that the law in this matter had been decided upon conclusively and that there was no room for ambiguity.

He said going by the ruling of the Supreme Court in that case, Sir Michael was effectively suspended and for him to continue to hold office as prime minister was “unlawful and illegal”.

Henao said the PM’s suspension should have immediately taken effect the instant he was referred by the Ombudsman Commission via the public prosecutor and, ultimately, when the chief justice appointed a leadership tribunal on Monday.

“This is a clear interpretation – and clear – precedence set by the highest court of the land, the Supreme Court, in the matter of Patrick Pruaitch last May.”

He added that that decision had made reference to all leaders, and made no exceptions, “because that is what the law says relating to the leadership code”.

Quoting the three-judge Supreme Court decision last May, with references to sections 27 (appointment of tribunal members) and 28 (suspension of the leader), which stated: “In our opinion, this is consistent with the thrust and the Spirit of the Constitution that a leader, who has been found guilty of misconduct in office by the Ombudsman Commission, should not be allowed to continue to perform as a leader after his integrity is or has been called into question, and after a tribunal is named to inquire into allegations of misconduct in office.

“In our opinion, once the Ombudsman Commission finds a prima facie case against a leader, and refers him to the public prosecutor for prosecution under the leadership code, he should not continue to perform his leadership responsibilities once an appropriate tribunal is appointed to inquire into his alleged misconduct in office, for the reason that a finding of prima facie case against him by the Ombudsman Commission over the matter shows that the commission must have good reason to conclude that the leader is guilty of misconduct in office.”

Henao acknowledged the reference made by the Prime Minister’s Department chief of staff Paul Bengo in a full-page advertisement, which the chief justice also acknowledged when announcing the tribunal, and pointed out section 142(6) of the Constitution, which make exception for a PM, and stated: “The prime minister may be suspended from office by the tribunal under an Organic Law made for the purposes of section 28, pending an investigation into a question of misconduct in office” but, Heano said, the Supreme Court decision last May had set the precedence for all leaders holding public offices.

In reference to the statements made by Bengo, first legislative counsel Hudson Ramatlap and the chief justice, Henao said: “With the utmost respect (to them), I take issue with the attributes made by Chief Justice Sir Salamo Injia (relating to section 142(6) of the constitution.

“In my respected view, the issue of whether the PM is suspended has been dealt with by the Supreme Court (Pruaitch vs Manek – last May).”

He also urged Ramatlap to read that decision (SCA No.7 of 2010).

Henao said by continuing in office, the leader in question would also frustrate the work of the tribunal.

In the Pruaitch vs Manek case last May, the Supreme Court had ruled: “The duly appointed tribunals will be left frustrated and unable to perform the tasks for which they are appointed – inquiring into matters of alleged misconduct in office against the people referred.

“The leaders, meanwhile, will continue to perform their official duties by taking out stay orders at will against the tribunals from inquiring into their alleged misconduct.

“This will make a mockery of the leadership code.

“The inquiries will continue to be stalled and the leaders, whose integrities are already called into question, will continue to discharge leadership responsibilities. This will also make a mockery of the constitution and the leaders will continue to act in contempt and defiance of the constitution.”

The chief justice, when announcing the leadership tribunal, said the “question of suspension pending an investigation into the charges of misconduct in office against the prime minister will be determined by the tribunal”.

The three-member tribunal, comprising court judges from abroad, will start on March 10.

The prime minister continues in office.

 

 

Parliament opens doors today to swear in governor general

PARLIAMENT will meet this morning for the swearing-in of Governor-General-elect Michael Ogio after the Supreme Court dismissed a stay application yesterday, The National reports.

The swearing-in would be the only business today when the chamber’s doors open at 10am.

The office of the clerk of parliament said yesterday members of parliament would enter the chamber at 10am to be followed by the Chief Justice Sir Salamo Injia.

The governor-general-elect would then, by procedure, be invited by acting Speaker Francis Marus to enter the chamber to be sworn into office.

After the swearing-in, the new vice-regal would be escorted out of the chambers to take up his post at Government House.

The Department of Foreign Affairs and Government House officials were making arrangements for Ogio to travel to Buckingham Palace to present his credentials to the Queen.

Leader of government business Paul Tiensten had stated that the swearing-in ceremony would be the only government business and parliament would be adjourned to May 10 for the normal session.

An attempt by one of the GG candidates, Ronald Rimbao, to stop the swearing-in was rejected by the Supreme Court yesterday.

In rejecting the application, the court said there was no legally arguable case and that Rimbao had abused the process in the proceedings.

The Supreme Court bench comprised Deputy Chief Justice Gibbs Salika and Justices Derek Hartshorn and Ere Kariko.

Rimbao had relied on his proposal for nomination which he had submitted to the clerk of the parliament on last May 28 when the position became vacant after former GG Sir Paulias Matane’s term expired.

Sir Paulias was reappointed but a Supreme Court hearing ruled against it.

New nominations were called but Rimbao did not submit any, thinking that his May 28 proposal for nomination would hold ground.

The Supreme Court yesterday rejected Rimbao’s stay application citing the appellant’s failure in submitting a new proposal and that it was not the clerk’s duty to hand out forms to candidates.

Outside the court, Rimbao’s lawyer Philip Ame said he would be seeking further advice from his client whether to pursue the matter on other relevant grounds, adding that the matter was obviously “down but not out”.

Ame said for the parliament to allocate less than two days to nominate candidates was still another questionable matter in court.

“Constitutional processes are being bulldozed for unknown reasons by the government and is dangerous for the country,” Ame said, while referring to the alleged speedy nomination that saw Ogio elected.

Prime minister and attorney general must stop lying

The sacking of acting public prosecutor Jim Wala Tamate by attorney general Sir Arnold Amet has the fingermarks of prime minister Sir Michael Somare all over it, opposition leader Sir Mekere Morauta said today.

“Sir Arnold’s explanation that the decision to sack Mr Tamate was made by the Judicial and Legal Services Commission based on incompetence of Mr Tamate was an insult to the intelligence of Papua New Guineans,” Sir Mekere said.

“That explanation is designed to camouflage the real reason from the public.

“The public perception is that the real reason Mr Tamate was sacked was because he had the guts to refer Michael Somare to the chief justice with a request to establish a leadership tribunal.

“That is the reason for his sacking, pure and simple.”

The opposition leader said many people were surprised by a series of advice that the attorney general had given to the Government so far.

“First, it was apparently Sir Arnold Amet advised the prime minister on the so-called re-election of Sir Paulias Matane as governor general without following the process set out under the Constitution and used since Independence.”

“How could the prime minister forget this when he participated in the election of every single governor general since independence? 

“It is incredible how some people can do anything, knowingly, just to hold onto power.

 “When that decision was challenged in the Supreme Court, by an aggrieved party, it was Sir Arnold, again, who advised the prime minister and the government that the court had no power to direct the parliament to be recalled or to interfere with the business of parliament.

“The attorney general for some reason forgot to advise the prime minister that the court was interpreting the law.

“The court is empowered by the constitution to carry out that role. 

“The attorney general appeared to have conveniently forgotten this basic fact.”

“Many people are beginning to see the attorney general as a puppet for the prime minister.

“He is being pushed and pulled into positions and postures predetermined by the prime minister. 

“The prime minister’s plan is of course just to hold onto power, at any cost.”

The opposition leader said that with Sir Arnold’s appointment, many people hoped that he, with his knowledge and experience, would put a halt to Somare’s highly developed and well-oiled practice of abusing the processes and role of the state institutions.

Sir Mekere said that the general public remained hopeful that Sir Arnold would do something about fighting the growing corruption and abuse taking place in the public sector.

“Sir Arnold’s performance to date gives little hope.

“It is increasingly evident that Sir Arnold has become an active player in paralyzing and destroying the legitimate powers of the institutions of state.”

Sir Mekere said the public should salute Mr Tamate for his courageous decision to refer Sir Michael to answer alleged misconduct charges. 

“All he was doing in requesting the chief justice to establish a tribunal was fulfilling his constitutional duty and obligation. 

“Mr Tamate was legally required as the acting public prosecutor to do so. 

“He had no choice. 

“All his predecessors have failed spectacularly to do what he did. 

“Mr Tamate is a true professional, who has practised his profession without fear and favour.

“He has set a good example for other public servants to follow.

“It is sad that he has paid a very high price for carrying out his duty to the country honestly and fairly.

“He should remain a proud Papua New Guinean who has been a true public servant.

“It is clear that Mr Tamate brought integrity, professionalism and sense of public duty to the office of Public Prosecutor.”

Sir Mekere urged the prime minister to act like a true leader and allow the institutions of state and public servants to carry out their duties without fear.

He urged the prime minister to stop appointing people who are expected to be puppets and blindly dance to strengthen and preserve Somare’s power base.

“People are fed up with Somare and his puppets. 

“How long can they put up with this nonsense is the question?”

 

 

Judge: Arms of state failed

By SAMUEL RAITANO

 

A NATIONAL Court judge in Papua New Guinea has blamed the failure by state agencies on individuals operating the systems of government, The National reports.

Justice Ambeng Kandakasi said the finance and legal offices were no exception to this sad fact, which is a shame for the country.

These sentiments were expressed while hearing a complaint by PNG Defence Force ex-servicemen against the state and its finance office for declining to release the complainants’ 8% interest on their retirement claims.

Counsel for the ex-servicemen had told the court that a resolution had not been reached during the mediation process because the state had changed its stance in the negotiations.

The court was told that while the state had agreed to pay the 334 claimants their entitlements, with some yet to be paid, the 8% interest would not be entertained.

The 8% interest, the Department of Finance said, would only be paid if there were further submission of claims.

Kandakasi said he thought the matter was straight forward and that both parties had reached a consensus; instead of a stalemate.

He added that the financial arm of the state seemed to be functioning for a few people and millions of kina had been released without delay upon their requests while the ordinary people were given a run-around.

The judge told the ex-servicemen to check with the office of the state solicitor to make sure they were paid their entitlements.

On the 8% interest, Kandakasi said the matter could be raised in court later if the ex-servicemen wished to do so.

 

Prime Minister sends condolence to New Zealand counterpart

Grief-stricken ... Fifteen-year-old Kent Manning (left) and his sister Libby, 18, reacting with their father, who asked not to identified, after they were told by police yesterday that there was no hope of finding Kent and Libby’s mother alive in a collapsed building following a 6.3-magnitude earthquake on Tuesday in Christchurch, New Zealand. – APpic

PRIME Minister Sir Michael Somare yesterday wrote to his counterpart and New Zealand prime minister John Key, expressing deep sorrow and regret over the loss of lives and property as a result of an earthquake that struck Christchurch on Tuesday, The National reports.

“On behalf of the government and people of Papua New Guinea, I convey our deep sorrow and condolence on the terrible loss of lives and destruction caused to properties and public infrastructure following the devastating earthquake that struck the city of Christchurch.

“As your people mourn this tragic loss, we pray that the Almighty God will guide, console and grant strength to the immediate families and relatives affected by this catastrophe during this time of bereavement.

“I am confident that the strength of spirit and resilience of the New Zealand people, which has seen them overcome previous natural disasters, will see them through this tragedy,” he said.

He said PNG valued its bilateral ties with New Zealand.

“We are friends in every sense of the word. As a token of expression of our solidarity, profound sorrow and regret, my government stands ready to offer whatever assistance your government might require towards the recovery efforts in Christchurch.”

A number of PNG students are studying in New Zealand, but it could not be ascertained yesterday whether any attended colleges in the Christchurch or Canterbury region.

However, latest Radio Australia report said a night-time curfew came into force yesterday across much of quake-ravaged Christchurch, with the grim likelihood of a rising death toll hanging over rescuers desperately searching for survivors.

The number of confirmed dead from Tuesday’s 6.3-magnitude quake remained at 75 with more than 300 missing, officials said.

Radio Australia reported that for the first time in its history, New Zealand was in a state of emergency.

Military and police personnel were patrolling the centre of the city.

There have been more than 110 aftershocks since Tuesday’s quake and the cost had been estimated to be as high as US$16 billion – double the damage bill of the quake that hit Christchurch last September.

Zurenuoc: Guns fight has started

THE national government has already started implementing the guns committee report, acting Chief Secretary Manasupe Zurenuoc said yesterday, The National reports.

Zurenuoc said contrary to a claim by Transparency International (PNG) in the media this week, the report recommendations were being implemented with the Department of Prime Minister and National Executive Council the lead coordinating agency.

“The Police Department has already started implementing some of the recommendations concerning the issuing of firearm licences, the transfer of licences and updating of firearms databases,” he said.

“It would be amiss of the watchdog to allege that nothing is being done when a team comprising representatives from a cross-section of society, which includes representatives from civil society groups, has already been set up to further elaborate on the implementation of the recommendations.

“We have already started the ball rolling.

“The team is currently reviewing the recommendations of the guns committee report and has been collaborating with civil society groups on an implementation strategy.”

Zurenuoc said the biggest problem facing the government was not so much the use of licenced weapons but the containment of illegal firearms that are currently in use.

“The Department of Prime Minister and National Executive Council is preparing a critical analysis of crime statistics for 2009 and 2010 to determine baseline data of crimes committed using firearms.

“This will help in the implementation of the recommendations,” he said.

This week, TIPNG claimed that the government had failed to act on the recommendations, leaving the people open to gun violence.

It said because of this failure prominent people had been seen to be involved in disputes in which weapons had been discharged.

“The problem reaches all sections of the community with far too frequent examples of privileged and intelligent people carrying and using weapons in public places,” TIPNG said.

Climate change and food security

By JAMES LARAKI of NARI


A model resource centre on display at Bubia outside Lae

 GLOBAL climate change poses great risks to poor people whose livelihoods depend directly on agriculture, forestry, and other natural resources.
Global organisations and governments have already taken steps to change their focus to assess, adapt and mitigate these risks.
Strategies and policy reforms to enhance human welfare in an equitable and sustainable ways are taking centre stage.
Programs and projects are being undertaken at various levels to analyse the complex interrelations between climate change and agricultural growth, food security and sustainable use of natural resources.
The International Food Policy Research Institute (IFPRI) is one such organisation that is focusing its efforts to identifying the key drivers of climate change and how these drivers will impact on food and agriculture systems, and food security.
IFPRI is identifying solutions to these challenges by focusing its research agenda on reducing poverty, hunger, and malnutrition is in a sustainable way.
Through its analysis on the factors influencing climate change and policy on food production systems and ongoing research, regions and sectors that are more likely to be vulnerable to climate change are determined.
And the Pacific Islands countries have been identified among the vulnerable regions to climate-driven environmental changes.
As such, the Washington-based Institution has extended its research to the Pacific to examine the linkages that connects the environmental change to the welfare of the people, to reveal the impact and develop possible adaptation strategies to reduce vulnerability.
Through its Environment and Production Technology Division, it has launched a project titled “Climate Change and Food Security: Adaption Mechanisms and Policy Recommendations for Sound Economic Livelihood in the Pacific” covering Fiji, Solomon Islands and Papua New Guinea.
The project which started last October and ends in September 2011 will assess the impacts of climate change on food security, availability, and accessibility, and how this influences the livelihood of Pacific island communities.
Funded by the Pacific Department of the Asian Development Bank, it will determine potential adaptation mechanisms and coping strategies that will ensure food security and enhance livelihoods for the rural communities.
The project will recommend policy options for agriculture, fisheries, and food security to strengthen the support from national governments.
The recommendations could also be used to seek technical and financial assistance from regional and international organisations to assist rural communities facing climate change.
Research Analysts, Ms Rowena Valmonte-Santo and Ms Catherine Chang were in the country early this month to start the Papua New Guinea leg of the study and held preliminary discussion with various agencies including the: National Fisheries Authority, Department of Agriculture and Livestock, National Statistical Office, National Weather Bureau, Office of the Climate Change, and the National Agricultural Research Institute.
The research will be carried out by developing country case studies.
It will involve survey of experts, farmers, fishers, community groups and relevant agencies. Suitable secondary data on agriculture and fisheries and other related information to food security and climate change at country level will also be identified and compiled.
Data on land use and land cover, biophysical (fluctuation in sea level, soil fertility, water availability, elevation), socioecomic indicators (crop prices, population, poverty, nutritional information, consumption) and other related data will be compiled.
The data compiled would then be used to analyse the impacts of climate change on agriculture and fisheries.
Team leader, Ms Rowena Valmonte-Santos said the responses to climate need to occur on several levels, including crop and farm-level adaptations, national level agriculture-related policies and investments, and regional and global policies and investments.
She said to indentify both short and long-term adaptation measures that reduces the impacts of global change, her team will work with local partners and stakeholders to characterise their vulnerability through focus-group interviews and household surveys.
“A series of workshops will also be organised to bring together partners to develop and analyse scenarios for vulnerable communities and assess the effectiveness and relative costs, and benefits of response options and adaptations strategies.
“From there, regional-level and country-level adaptation strategies and policy reform options would be developed.”
IFPRI would also assist to enhance regional and national adaptive capacity by facilitating exchange of insights and experience among researchers, and by building capacity in national research institutions, Ms Valmonte-Santos added.
In PNG, the Office of the Climate Change was created to take lead in matters relating to climate at the national level.
It is hoped that some of the policy recommendations generated by this study to tackle food security threats will be bulit into the national plans.
National Agriculture Research Institute (with other agencies) and NGOs have developed initiatives aimed at increasing awareness, generation and adaptation of appropriate technologies. NARI is taking the lead in mitigating the impact of climate change on agriculture and food security.
All these initiatives and those of others need to be supported.
As a country, PNG has to move forward.
Concerned agencies need to come together and discuss adaptation strategies.
There is a need to identify and discuss the issues of difficulties the country face in adopting sensible policy options, and how these issues and political obstacles can be overcome, if possible.
Policy interventions are required to combat climate change, improve agricultural and fisheries production, and alleviate the socioeconomic conditions of the rural communities and vulnerable groups, especially women.
Hopefully, useful recommendations generated from this study will provide policymakers and stakeholders with the tools for making informed decisions on adaptation mechanisms and coping strategies.