Judges query tribunal team

SOME Papua New Guinea National and Supreme Court judges are concerned about not being consulted in the appointment of the membership of the leadership tribunal hearing misconduct allegations against Prime Minister Sir Michael Somare, The National reports.

A three-man tribunal, comprising pre-eminent overseas retired judges Roger Gyles as chairman, Sir Bruce Robertson and Sir Robin Auld, was scheduled to begin next Thursday.

While the appointment of a leadership tribunal was the sole prerogative of the chief justice, it was an established practice for the CJ to consult his fellow judges before naming the tribunal, The National had learned.

In this case, where tribunal members were drawn from outside PNG court jurisdiction, the local judges were all the more concerned.

The judges, who were approached by The National, had no idea about the tribunal and its membership or preparations.

“I have no idea about the appointment of the tribunal and what criterion was used in the appointment of the tribunal membership,” a judge said.

Consultation is a general and legal requirement in such situations, leading up to the appointment of the members of a leadership tribunal within the PNG judiciary, The National was told.

Another judge said that ideally, tribunal members must had previously served on the PNG bench and were now retired, which was not the case in the case of the current membership of the tribunal.

PNG Law Society president and the prime minister’s lead lawyer Kerenga Kua said the CJ’s appointment of pre-eminent retired overseas judges was in line and was within the bounds of law.

“The law allows for the appointment of sitting judges or retired judges from the PNG’s judicial bench. Or, in the current situation, from comparable jurisdiction – that is, from the common law jurisdictions such as Australia and New Zealand who, like PNG, follow the traditional English common law.

“We do not have any issue with that,” Kerenga said.

Issues are being raised in legal circles, regardless, about whether or not the decisions of the tribunal would be legally binding if its membership did not comprise members of the PNG justice system.

The National was told that the appointment of any tribunal membership, to judge on allegations against any leader, would be done collectively within the judiciary where names of possible candidates are circulated to the sitting PNG judges for their comments.

The names are then returned to the office of the chief justice who consults with the most senior of his colleagues before deciding on a final list.

 

 

Public service is collapsing

By ISAAC NICHOLAS

 

THE public service system has collapsed and is in total disarray, a senior government official said yesterday, The National reports.

The official said this was evident by the number of acting appointments currently in the public ser­vice.

The source said currently, there was the acting police commissioner, acting correctional services commissioner, acting secretary for national planning, acting auditor general and acting public prosecutor but within departments and government agencies, there were many more on acting positions.

He also revealed that the Department of Personnel Management (DPM) did not even have records of the total number of public service on the government pay-roll.

“I believe the government is paying more than 300,000 public servants, including names of dead persons, wives, children and even some walking around the streets but still getting salaries every fortnight.”

He said the DPM claimed to have less than 100,000 public servants but they did not have proper records to show the total number of government employees, adding that Public Service Minister Moses Maladina had a big task ahead to get his department in order.

Maladina, when contacted, said he was aware of this report but decline to criticise his own department and said he was awaiting the return of secretary John Kali from holidays to map a way forward for the department.

He confirmed that there were too many acting appointments with some acting on the job for more than six months which was illegal.

He said the problem was that three months before the term of an appointment expires, the Department of Personnel Management must advertise the position.

He said during the three months, appointments were confirmed to ensure smooth flow of operations but this had not been happening, resulting in the current situation of acting appointments.

“I have a huge task ahead of me in which I have to conjure up all my experience to deal with this situation.”

Maladina said this year had been declared the “year of implementation” and he would ensure that the public service is put right to deliver government agenda to the majority of the people.

“It is a huge challenge for me and I will take the bull by the horns if I may put it that way for efficient and effective public service.”

 

Students miss out due to fees, space

By YVONNE HAIP

 

NEARLY half of the registered students in PNG are not yet in school either because they lack school fees or because schools lack space, Education Minister James Marape said in Mt Hagen on Monday, The National reports.

Addressing students, staff and parents at the Mt Hagen Technical School, the minister also revealed that the controversial outcomes-based education (OBE) was less than perfect and had deficiencies.

Speaking during the commissioning of the college as a polytechnic institution, Marape said despite the deficiencies, the government would persist with the reformed system in the hope of overcoming the shortcomings.

The education minister highlighted some of the setbacks in OBE were in the quality of education received and school facilities. But, he said, the reform was only 10 years old and authorities were working to address these shortcomings.

Meanwhile, the upgrading of the Hagen institution would allow it to teach specialised trade courses with certificates, diplomas and degrees being offered.

The Mt Hagen Polytechnic Institution would enrol its first intakes in 2014.

It is one of four such institutions in the country, and the only one for the highlands region.

He also revealed that 47% of registered students throughout the country were yet to be in schools due to school fee-related issues.

Despite these problems, Marape said the reformed system was aimed at providing more opportunities for students to progress through the various levels of education.

He cited the four national high schools, which were taking in a limited number of Grade 10 graduates, as a good example.

Today, upgraded secondary schools in all the provinces nationwide are providing Grade 10 students the opportunity to further their education to Grade 12.Accompanying the minister was acting

Education secretary Dr Joseph Pagelio and senior education officials, who will be attending the 171st national education board meeting in Mt Hagen.

Pacific should not be used as a testing ground

Two campaign organisations, based in Fiji and Papua New Guinea, have joined forces to denounce plans for the Pacific to be used as the testing ground for deep-sea mining.

ACT NOW! and the Pacific Network on Globalisation say the Pacific region has already suffered the negative social and environmental impacts of industrial mining on land and should not take further risks with the marine environment.

“Rather than allowing ourselves to be the testing ground for multinational companies and foreign governments, Pacific countries should focus on new approaches to our own

development that is consistent with our lifestyle, history and social and political realities”, says Effrey Dademo, programme manager with ACT NOW!

Nautilus Minerals has already been granted a license by the PNG government to develop the world’s first deep-sea mine and the European Union has announced plans to help 15

Pacific island countries to develop laws and policies to facilitate such operations across the region.

Maureen Penjueli, coordinator for PANG, says Pacific island countries do not have the resources, capacity or experience to effectively manage and monitor large resource projects and government should focus on supporting their own people rather than large corporate interests.

“We have had an alternative development model forced upon on us by outsiders but it is clear that model is not working for us and, indeed, is failing in the West as well.

“We, as Pacific people, need to find our own voice and return to a focus on our own strengths and knowledge base.

“Deep-sea mining is likely to be another catastrophic failure for the region and we don’t need it.”

 

Petromin to take up state share in Solwara-1

Petromin PNG Holdings Ltd has been nominated to exercise the state back-in right in the Solwara-1 mining project, according to mining minister John Pundari.

Nautilus exploration vessel.-Pictures courtesy of PETROMIN

He made the announcement as Petromin prepares to open its magnificent new Petromin Haus at 2-Mile in Port Moresby on Friday.
Pundari said after consulting prime minister Sir Michael Somare, who is also minister responsible for Petromin, he had exercised his powers under the Mining Act to nominate Petromin, once the state entered the project through the options agreement which was being negotiated with project developer Nautilus Minerals Ltd.
He said based on his advice, Sir Michael had confirmed the nomination under the Petromin Act, conditional on the state entering the project.
“Petromin will now negotiate commercial terms with Nautilus to fund its equity in the project,” Pundari said.
Petromin owns and operates Tolukuma gold mine, the only operating underground narrow vein mine in the country and is venturing into several others.

Solwara drill cores

“I have taken the initiative to nominate Petromin as the state’s nominee to acquire the state’s interest in all upcoming major mining projects that are rapidly advancing into the production stage,” Pundari said.
“These exciting projects include the three upcoming mines: Frieda in East/West Sepik province (copper/gold), Yandera in Madang province (copper/molybdenum) and Wafi-Golpu (copper/gold) in the Morobe province.
“PNG must gain significantly from these projects once these mines begin production.
“I believe the benefits to the state can be greatly maximised if the state participated in these projects as a shareholder.”
Pundari said state equity participation through Petromin would also be beneficial to landowner participation.
“Under the mineral policy, landowners in project areas are entitled to 5% equity in the project to come from the state’s share of equity,” he said.
“The cost of the equity will be negotiated on a case-by-case basis.”
Pundari said the landowner equity would be managed separately by the Mineral Resources Development Company (MRDC), pursuant to its constituent law, the Mineral Resources Development Company Pty Ltd (Privatisation) Act 1996.

Underwater sampling

15% credit for Nasfund members

NASFUND members have been credited with 15% for last year on the back of a strong net profit of K294 million and net value asset of K2.22 billion, The National reports.

However, members were cautioned to lower their expectations as the same might not apply for this year due to expected change in economic conditions.

The e-newsletter yesterday said the fund did exceptionally better in fund returns over one-to-10 year period.

The newsletter cautioned members that the 15% credit rates were extraordinarily high and rarely matched year on year.

The fund, as reported last month, had anticipated a model generated return this year of around 8%-9%.

From last year’s return of 16.93%, some of these returns have been parked in reserves, while anticipating the impact of a higher currency and lower capital values.

Reserves are now around 4% of net asset value.

This made Nasfund the highest reserve fund in the country with over K88 million in reserves, which would also provide some insurance for any shock either in PNG or world economy this year.

The aim for this year is to balance the enormous previous returns based on particular asset class settings and bring the fund’s asset allocation into alignment to counter what is seen as emerging issues both at home and abroad.

To this end, Nasfund will set a course for a soft landing this year and that means a return to lower but more sustainable long term returns.

 Nasfund asks again for members to readjust expectations in light of the current events unfolding and not to assume double digit returns are the norm.

 

Police: No early campaigning

 ‘Offenders will be arrested’

 

By JAMES APA GUMUNO

 

POLICE throughout Enga have been instructed to arrest anyone campaigning for next year’s general elections, The National reports.

And, provincial police commander Supt Martin Lakari has relayed this instruction to all his station commanders.

He said it was illegal for anyone to campaign at this stage.

PNG Electoral Commissioner Andrew Trawen announced last week that any early campaigning by intending candidates or current members of parliament would be illegal.

Lakari said many intending candidates in Enga were already on the campaign trail but this practice must stop immediately or they would be arrested by police.

He said many were sponsoring sporting events or organising parties to inform the people about their intentions to run for election next year.

He said they were also taking advantage of grieving relatives at funerals to buy food and drinks on the pretext of comforting them when it was a thinly disguised campaign strategy to win hearts and minds next year.

Lakari warned anyone breaching the electoral process and the relevant organic laws would be arrested.

“The law is very clear. Candidates are only allowed to campaign after they have paid their nomination fees when the writs are issued by the governor-general next year.”

Lakari appealed to people not to move around begging for money or goods from intending candidates.

He urged the people to elect leaders of their choice when the time comes next year.

Trawen had warned intending candidates not to campaign until he gave the go-ahead as required under the constitution.