Bonga, Kaiwi seek orders to nullify election process

 By JULIA DAIA BORE

TWO separate Supreme Court references have been filed at the Waigani Supreme Court on last week's parliamentary election process and the change of government, The National reports.
The two urgent references were filed last Friday and are expected to be heard this morning by the chief justice. 
One reference is by Morobe province's Nawaeb MP Timothy Bonga and National Alliance party president Simon Kaiwi basing their case on section 18 of the Constitution. 
Bonga was the then NA-government's forestry minister and Kaiwi was ousted as NA party president. 
The respondents are listed as Prime Minister Peter O'Neill, his deputy Belden Namah, William Duma as the new minister for petroleum and energy and labour, Sam Basil as the national planning minister and Dr Allan Marat as the new justice minister and attorney-general. 
Bonga and Kaiwi are seeking certain declaratory orders to nullify the election process of the national parliament last Tuesday. 
They are arguing that there was no vacancy in the prime minister's office for such a vote to be called and that the vote should have been conducted on Wednesday. 
They argued that under section 142 of the Constitution, Sir Michael Somare was still the prime minister who was granted leave of absence on medical grounds under section 104 of the Constitution. 
The leave was granted in May this year.
The other reference was filed under section 19 of the Constitution by East Sepik Governor Peter Wararu and the East Sepik provincial executive government. 
It seeks a similar Supreme Court reference as Sir Arnold Amet did last week but was dismissed because he did not have any constitutional standing to file such an application. 
But the East Sepik provincial executive is now using the same grounds on the question on validity under the country's laws.
The East Sepik provincial executive government headed by Wararu resolved last Thursday to make this referral to the Supreme Court. 
Counsel for the applicant, Steels Lawyers, said the ESP executive has the legal standing to apply for such a reference.

Court dismisses Abal’s case

 By SAMUEL RAITANO

WABAG MP Sam Abal's­ fight in the Waigani National Court to restrain Prime Minister Peter O'Neill from exercising his powers was dismissed last Friday, The National reports.
The ruling was made after the court found that the orders sought by the plaintiff would only add to the constitutional crisis and crumble the parliament and the state. 
It found that constitutional provisions under section 142 used to raise the questions on the vacancy was contradicted by Abal himself when he had taken part in the election process of O'Neill last Tuesday. 
It was pointed out that Abal, in remaining in parliament and ta­king part in voting in his capacity as the (then) acting prime minister, indicated that the prime minister's post was vacant when he had had the opportunity to walk out. 
The ruling was deli­vered after 5pm on the same day because Abal's lawyer Davis Stevens, from Stevens Lawyers, had made a request that the orders sought were urgent. 
Presiding Judge Les Gavara-Nanu made the ruling after adjourning the court twice during the hearing. 
The first adjournment was for lawyers to sort out a confusion when Kelly Naru from Naru Lawyers explained his appearance at the bar table was to represent a party that intended to be the third defendant. 
The first and second defendants were speaker Jeffery Nape and O'Neill. 
The third party was the clerk of the parliament. 
When court resumed, lawyers, Stevens, Manuel Varitimos and Naru sat before the judge together after having had their discussions. 
The arguments raised by Stevens were that the confusion on the vacancy of the prime minister's post needed time for legal analysis and wanted  injunctive orders and declarations to be made on the powers vested in the prime minister and the speaker from being exercised. 
These included the appointment and swearing in of ministers, and any other responsibilities of O'Neill as prime minister. 
Steven sought orders to restrain the parliament clerk and servants of the parliament from carrying out instructions from either O'Neill or Nape. 
The orders sought went as far as to restrain the government printer from publishing the gazetting of the ministers appointed by O'Neill. 
Varitimos argued that his clients followed the normal parliamentary procedure to have the new government in place. 
He said the orders sought by Abal were ridiculous because the head of state had accepted the election as valid and had sworn-in the new prime minister. 
He highlighted the fact that Sir Michael Somare should have been the plaintiff because the prime minister's post was his and not Abal's to fight over. 
Varitimos said the orders sought by Abal would paralyse parliament because ministers had already been appointed by the new prime minister, sworn-in by the governor-general and published in the national gazette. 
Gavara-Nanu stressed that the office of the prime minister, speaker and the function of parliament could not be held to ransom due to a fight over power. 
Gavara-Nanu said if the prime minister, speaker and clerk of parliament were restrained from doing their duties, the nation would be held to undue ransom. 
He said there was no guarantee when the argument over the vacancy would come to an end and he was not convinced by the application.
Gavara-Nanu said the appointments by the governor-general as head of state would be made unconstitutional if the court entertained Abal's application. 
He pointed out that some NA members who broke away from the Somare-Abal government had been appointed and sworn-in as ministers in the new government in which numerical strength and stalwartness promised more chaos in parliament.
Abal's application was thus dismissed.

Abal refuses to join NA caucus meeting in Minj

  MEMBER for Wabag Sam Abal said last night he and his group will not join the National Alliance camp in Minj for its caucus meeting, The National reports.
He said, firstly, he had a matter before the courts contesting last week's election of Peter O'Neill in parliament, which will be heard today.
Abal, who was removed as acting prime minister last Tuesday, also said the party was split by last week's action in parliament and needed to come together before any issue of leadership of the party or any other matter could be discussed.
"The party is split. One side cannot go ahead and decide on the leadership or any other matter. 
"The priority is for the party to come together and, then, we can decide as a party on the leadership and any other matters."
The meeting proper would begin today. 
It was reported that 17 NA members of parliament were present at the dinner last night.

Sepik MPs cry foul over cabinet jobs

 THREE Sepik members of parliament have claim­ed that the new go­vern­ment of Peter O'Neill has overlooked them for mi­nisterial portfolios, The National reports.
The two members, who defected to the op­position camp, were the member for Wosera-Gawi Ronald Asik and member for Wewak Dr Moses Manwau. 
Asik defected to the opposition a week before the change of government while Manwau was behind the move to change government.
The other member is Telefomin MP Peter 
Iwei, who defected to the opposition with Belden Namah during the March Girls move to topple the Somare-led National Alliance go­vernment.
The two East Sepik MPs said their people had not been represented in cabinet although it was a difficult decision to cross the floor from a previous government that was controlled by Sepiks.
Morobe and Western Highlands have four ministers, followed by Eastern Highlands with three and Bougainville, Chimbu, Southern Highlands, Central, NCD, Milne Bay and New Ireland with two each. 
The other eight provinces have one ministry each while the other province that missed out is West New Britain.
"This is not a fair distribution of ministries as the Sepiks have not been represented. 
"The same people on the other side have come again to control government. There is no difference in the new government," they said.
Manwau said he was frustrated because the people of East Sepik did not have representation in cabinet.

Probable O’Neill-Namah cabinet

 WHILE all who were named ministers were sworn in last week, Prime Minister Peter O'Neill is yet to officially name their portfolios, The National reports.
The following is the most probable cabinet line-up based on unofficial information.
The full line-up would be announced today.
Peter O'Neill – Prime Minister
Belden Namah – Deputy Prime Minister; Forestry and Climate Change
Don Polye – Treasury and Finance
William Duma – Petroleum and Energy
Sam Basil – National Planning
Moses Maladina – Implementation and Rural Development
Francis Awesa – Works and Transport
Bart Philemon – Public Service
Sir Puka Temu – Agriculture
Sir Mekere Morauta – State Enterprises
Dr Allan Marat – Attorney-General and Justice
John Boito – Internal Security
Guma Wau – Defence
Sai Sailon Beseo – Correctional Services
Job Pomat – Fisheries
Ano Pala – Foreign Affairs and Immigration
Theo Zurenuoc – Education
Sali Subam – Sports
Martin Aini – Labour and Industrial Relations
Byron Chan – Mining
Charles Abel – Trade; Commerce and Industry
Jim Miringtoro – Communication and Information
Steven Kama – Bougainville Affairs
Andrew Mald – Community Development; Religion and Family Affairs
Mark Maipakai – Government Relations and District Development
David Arore – Higher Education
Thompson Harokaqveh – Environment and Conservation
Puri Ruing – Civil Aviation
Lucas Dekena – Lands and Physical Planning
Jamie Maxtone-Graham – Health and HIV/AIDS
Ken Fairweather – Housing and Urbanisation
Wake Goi – Minister assisting the Prime Minster on Constitutional Matters.
Benjamin Philip – Minister without portfolio

33 in cabinet

By ISAAC NICHOLAS

PRIME Minister Peter O'Neill has appointed 33 new ministers in a cabinet line-up of mostly unknowns which, he claims, "are simple and humble leaders for the people of Papua New Guinea", The National reports.
However, indications were that representation from the highlands was most powerful, securing key economic positions including that of the prime minister, finance and trea­sury plus petroleum and energy.
Political sources said this might backfire on O'Neill and his People's National Congress party in the general election next year.
The southern region National Alliance group that defected to support the opposition was rewarded with five ministerial portfolios.
The United Resources Party, PNC and People's Party factions were rewarded with four ministries.
O'Neill said the distribution of ministries was done in consultation with political parties and leaders. East Sepik and West New Britain missed out completely.
A couple of Sepik MPs, including Wosera-Gawi's Ronald Asik and Telefomin's Peter Iwei, were evidently unhappy with their exclusion and shouted expletives during the swearing-in ceremony.
"One or two have missed out largely because of numbers; many were not been present in government and parties' decisions on who gets a ministry," the prime minister said.
He said there was full consultation between the different coalition partners and he tried his best to cover all provinces in his cabinet.
"The distribution of ministries shows a humble government for the people of Papua New Guinea."
O'Neill congratulated the new ministers sworn-in by Governor-General Sir Michael Ogio at Go­vernment House last Friday. 
They included Ken Fair­weather (Sumkar); Charles Abel (Alotau); David Arore (Ijivitari); Guma Wau (Kerowagi); Steven Kama (South Bougainville); Jim Miringtoro (Central Bougain­ville); Martin Aini (Kavieng); Jamie Maxtone-Graham (An­glimp-South Waghi); Thompson Harokaqveh (Goroka); Lucas Dekena (Gumine); Byron Chan (Namatanai); Puri Ruing (Dei); Benjamin Philip (Menyamya); Sali Subam (South Fly); Andrew Mald (Moresby Northeast); Mark Maipakai (Kikori); and Sai Beseo (Kainantu).
O'Neill also challenged the opposition members to re-join their political leaders in the new-look government

Another proud moment in Papua New Guinea aviation history

Caption: From left are Capt Philip Emeck, chief engineer Stanley Joe and Capt James Pima being welcomed by National Aviation Services acting CEO Capt James Imaka at the NAS hangar last Friday.-Picture by MALUM NALU

 

 

By MALUM NALU

 

Another proud moment in Papua New Guinea aviation history was created last Friday with the arrival of a Bell 407 helicopter at Jackson International Airport.

It heralded the birth of PNG's second 100% nationally-owned company involved in helicopters, Heli Solutions.

Champagne was sprayed and there were hugs and congratulations all around as the all PNG crew of captains James Pima and Philip Emeck, together with chief engineer Stanley Joe, arrived with the K7 million helicopter after a 16-hour flight from Sydney, Australia.

The flight took them through Brisbane, Cairns, Daru and Kerema before arriving in Port Moresby at 4.30pm.

Former PNG Defence Force pilots Pima and Emeck, both from Mendi in Southern Highlands, together with Joe, from Madang, are proud owners of the VIP-configured seven-seater, that can carry 1.5 tonnes and has a cruising speed of 130 knots.

It has telephone, stereo, air-conditioning, tinted glass and refrigerator for its anticipated VIP clientele, and had only clocked up 400 hours when bought by Heli Solutions.

Pima and Emeck, after leaving the army, worked for other aviation companies, including another local aviation firm, Helifix, before setting up Heli Solutions.

Emeck thanked all their family members and friends for their support, and especially Westpac for its faith in helping them to buy the helicopter.

They anticipate buying another one or two more helicopters in the very near future to boost up their fleet.

Because Heli Solutions does not have an air-operating certificate from Civil Aviation Safety Authority, it will in the interim operate under another nationally-owned aviation firm, National Aviation Services, until such time that it obtains its own.

NAS is owned and operated by former PNGDF brigadier general and former politician, Ted Diro, who was not present for last Friday's arrival.

Acting CEO of NAS, former PNGDF pilot John Imaka, said aviation was booming in PNG with the mining, oil and gas projects, however, only a few nationals were direct participants in it.

Imaka said NAS was only too pleased to help Heli Solutions because it was an all-PNG company helping another all-PNG company in the highly-regulated aviation industry.

Koroba-Kopiago MP, John Kekeno, said it was a proud moment for Southern Highlands and PNG with the arrival of a helicopter, which was owned and operated by an all-PNG crew.