Amet loses bid to fight O’Neill

 By SAMUEL RAITANO

AN application for a special Supreme Court reference, sought by Madang regional MP Sir Arnold Amet questioning the legality of the Peter O'Neill-led government, has been withdrawn, The National reports.
The withdrawal was made by Attorney-General Dr Allan Marat. 
Marat was sworn in on Wednesday as the caretaker minister for justice and attorney-general plus labour and industrial relations. 
His appointment, and that of other careta­ker ministers, was published in the National Gazette that same day. 
Sir Arnold filed the application on the evening of the same day, using his (previous) title as the attorney-general. 
Lawyer for Sir Arnold, Ian Molloy, took the courtroom by surprise when he said he was withdrawing the matter on instructions from the (new) attorney-general. 
Marat withdrew the proceeding, saying that he, as the attorney-general, did not "au­thorise, consent or ap­prove" of the Supreme Court application. 
It is understood that only the attorney-general has the power to invoke a special Supreme Court reference under section 19 of the Constitution. 
Molloy, on behalf of Sir Arnold, sought the Supreme Court's appro­val to have the matter adjourned in order to obtain further instruc­tions from his client and, perhaps, pursue the case from a different angle.
Marat's lawyer Manuel Varitimos said Sir Arnold no longer had the powers to pursue the matter be­cause he was no longer the attorney-general. 
He asked the court to have the matter with­drawn. 
Some National Al­liance MPs, faithful to the former government who attended the court session, were shocked because it meant their plans to pursue the matter in court had hit a brick wall. 
The Supreme Court accepted the withdrawal after perusing Marat's affidavit. 
Supreme Court judges Bernard Sakora, Panuel Mogish and Derek Hartshorn presided over the matter. 
It is understood that Wabag MP Sam Abal would have his submissions made in the National Court today to restrain Peter O'Neill from exercising his powers as the prime minister, pending the legal question over the post's vacancy.
Meanwhile, Ombudsman John Nero said yesterday that under section 19 of the Constitution, the Ombudsman Commission had the authority to bring about a Supreme Court reference on issues pertaining to certain questionable issues arising in government.
He said the current political situation had moved so fast that the commission had not looked at the issues tho­roughly. 
"What I am saying is that the commission has the standing under section 19 of the Constitution to bring about a Supreme Court reference but, until we have properly studied the issues in question, we cannot say or do anything just yet," Nero said.

Gillard congratulates O’Neill

 AUSTRALIAN Prime Minister Julia Gillard has become the first world leader to congratulate Peter O'Neill on his appointment as PNG's new prime minister, The National reports.
Gillard telephoned O'Neill in Port Moresby yesterday afternoon and in a brief conversation said Canberra looked forward to working closely with the new government under O'Neill's leadership.
Both leaders stressed the importance of continuing the strong relations that existed between their two countries.
Under O'Neill, Canberra is likely to focus its annual aid programmes and budget support on rural and district development, something the new prime minister championed in the previous Somare-led coalition called the District Support Improvement Programme.
He assured Gillard that his government would ensure that PNG's economic growth remained on track and that the 2011 Budget, which he framed when he was treasurer, achieved its targets.
As a cabinet minister in the previous Somare government, O'Neill had led discussions with Canberra on the direction of Australian aid, the LNG project, and the development of sovereign wealth funds to capture revenue from the PNG LNG project.
O'Neill is expected to use his experience and close working relationship with Canberra to ensure the Australian support of PNG's development programmes benefit the district and rural areas directly.
"Prime Minister O'Neill assured Gillard that the PNG economic growth remained on track, and that the 2011 budget, which O'Neill framed as treasurer, would achieve its targets," a statement issued by the prime minister's office said.
Australia had provided aid annually to PNG since independence, and Canberra has always enjoyed a close working relationship with all governments of PNG

Union shies away from govt over legal issues

THE PNG Trade Union Congress is willing to work with the new government but noted the serious legal, constitutional and procedural issues that have been raised which question the validity of the change of government, The National reports.

PNGTUC president Michael Malabag said in a statement that the union was happy to work with the government many of whom were in the previous government with whom good working relations had been established.
However, there were questions such as:
.Whether or not a vote of no-confidence was the proper course of action to take to effect a change of prime minister and government considering no vacancy had been created and for all intents and purposes the sitting prime minister remained the prime minister;
.Whether an acting prime minister could and should be replaced by a vote of no-confidence; and
.Whether in fact the vote of no-confidence if deemed to be proper to effect a change of prime minister and government under the present circumstances 
complied with the limitations imposed by law in so far as the Constitution, legal 
and procedural requirements were concerned.
Malabag said the PNGTUC was an impartial and independent body that expressed its willingness to work with any government of the day.
"We however place great significance on the need to protect the integrity of the National Constitution and the democratic processes and institution to which we must all (including every government) submit subservience and respect.
"In the interest of our parliamentary democracy and constitutional integrity, we urge the courts to expedite and prioritise any hearing and deliberation on the recent changes in government.

Polye is NA leader in govt

 THE National Alliance party in the new government has agreed to have Kandep MP Don Polye as their new leader, The National reports.
The NA southern region, islands and highlands faction had agreed to have Polye lead the new-look NA party in the government of Peter O'Neill and Belden Namah.
Polye made the announcement after the swearing-in of the deputy prime minister and caretaker ministers at Government House yesterday.
"I am the National Alliance leader now," Polye declared.
The NA team in government included Polye, Speaker Jeffrey Nape, Ano Pala, Mark Mai­pa­kai, David Arore, Andrew Mald, Charles Abel, Luke Critin, Jack Cameron, David Arore, Alphonse Moroi, Peter Humphrey and Leo Dion.
Polye said NA was a good party but the conduct, actions and inactions of some members had brought the party to disrepute and facilitated corruption in the former government.
"I think I have a very good team with me now."
Polye said this was the new National Alliance under his leadership and those who did not toe the line would be removed.
"We will get rid of people who perpetuate corruption."
"I am proud to lead the NA team here (in government)," Polye said.

Abal files bid to restrain O’Neill

By JULIA DAIA BORE

MEMBER for Wabag Sam Abal has set the court process into motion, attempting to restrain Peter O'Neill from executing his powers as the country's new prime minister, The National reports.
Abal's lawyers on Tuesday, soon after O'Neill's 70-24 victory,  filed in the National Court in Waigani documents seeking a judicial re­view to invalidate Tuesday's over­whel­ming vote in parliament that ousted Abal as acting prime minister. 
However, with the immediate swearing-in into office of O'Neill as the new prime minister of PNG by Governor-General Sir Michael Ogio, Abal's lawyers later amended the court documents. 
The new court documents filed by way of an originating summons is seeking restraining orders to stop the prime minister from executing his duties and powers of office. 
The matter was yesterday set for hearing tomorrow when parties are expected to make their submissions.
Abal had named O'Neill and parliament Speaker Jeffrey Nape as defendants.
Madang Governor Sir Arnold Amet is also expected to seek a special Supreme Court reference.
The reference was filed after midday yesterday and would be heard today.
Sir Arnold is seeking to have the Supreme Court interpret and determine the validity of Tuesday's  removal of the Somare-Abal government

O’Neill names caretaker team

By ISAAC NICHOLAS

PRIME Minister Peter O'Neill yesterday announced a 14-member caretaker cabinet while calling on the outgoing government to respect parliamentary democracy in his election to the top post, The National reports.
But ousted acting prime minister Sam Abal hit back, saying he had been unseated by default and stealth.
The caretaker ministers included Deputy Prime Minister Belden Namah, Don Polye, William Duma, Francis Awesa, Sam Basil, Sir Puka Temu, Sir Mekere Morauta, Bart Philemon, Dr Allan Marat, John Boito and Theo Zurenuoc.
The old faces in the new line-up are Job Pomat, Moses Maladina and Ano Pala while O'Neill had advised the governor-general to decommission the rest of the Somare cabinet.
He said his full cabinet would be announced before parliament resumed next Tuesday.
O'Neill said that the interim cabinet was made up of experienced, talented and vibrant young leaders. 
"The immediate task of the new go­vernment is to prepare the country for a decent and fair general election next year," he said.
O'Neill was due to call his first cabinet meeting yesterday afternoon to set the course for the new government in the next 10 months.
He also received a call in the afternoon from his Australian counterpart Julia Gillard to congratulate him on his election as prime minister.
"There are many challenges facing the country in health, education, transport infrastructure, land and justice and massive corruption in government and we are serious in addressing them.
"We will not be vindictive but to be accountable to our people," O'Neill said.
 "We will be working for the majority of the people, not for a few individuals but for accountability and transparency.
"There are some decent policies of the former government that we will maintain like the Vision 2050, district services improvement programme and the district treasury roll-out programme. Programmes that we have lost we will review and move them forward."
O'Neill also called on the former government to respect parliamentary democracy. 
"It is an indication of our people's desire to have change.
"The number 70-24 is not a one-vote majority. I appeal to them to be responsible and respect the wishes of our people through the parliamentary process."
He said any legal challenges would be defended fully.
Vanimo-Green MP and former opposition leader Namah thanked O'Neill for appointing him as deputy prime minister.
"There are many challenges ahead of us but we have a good team of experienced and talented leaders to address them.
"The people of Papua New Guinea, you have been calling for change and this government is for change," Namah said.

New Prime Minister for Papua New Guinea: Breaking news!

Peter O'Neill is the new Prime Minister of Papua New Guinea, being elected by an overwhelming majority of 74-24, just minutes ago.

He is now being transported to Government House to be sworn in by Governor General, Sir Michael Ogio.

O'Neill was nominated by Opposition Leader, Belden Namah, when Parliament resumed at 2pm today, and seconded by sacked Petroleum Minister, William Duma.

Bulolo MP Sam Basil closed nominations.

Forests Minister Timothy Bonga walked out in protest.

Several Government Ministers and MPs moved over to Opposition ranks today.

Ministers included O'Neill, Internal Security Minister Mark Maipakai and Minister Assisting Prime Minister Charles Abel.