By JUNIOR UKAHA
NCD metropolitan commander Supt Joseph Tondop has placed a total ban on alcohol sale and consumption at the 9-Mile settlement outside Port Moresby, The National reports.
This follows the killing of John Sine Kaupa, the operations manager of Kuima Security Services, during an alcohol-related violence on Sunday.
Tondop warned the 2,000-plus settlers of portion 2219 Moitaka Ridge and the Tari community yesterday that anyone selling or consuming alcohol would be dealt with by his officers.
A drunken brawl between a Tari man and a Kuima Security guard ended in Kaupa's death, and later triggered off a fight between the Chimbu and Tari groups.
He said the ban would be in place as long as he was the city's police chief.
Community leader James Mogia promised Tondop and NCD operations chief executive Andy Bawa that anyone selling alcohol in the area would be reported to the police.
Kaupa, who was allegedly killed by the Taris, was believed to have been drunk when he took his shotgun and left to retrieve a company bus that was damaged by a group of men that morning.
His younger brother Anthon Kaupa, who flew in from Lae, Morobe, on Monday, said there was no need for further violence as the matter was in the hands of the police and those responsible for the killing of his brother would be brought to justice.
Tondop said the police had set up camp in the area and would try their best to get the two groups together to live peacefully in the area.
Meanwhile, it is believed that at least four high-powered guns were among weapons used in the ethnic clash, including two M16 assault rifles and pump-action shotguns.
Tondop admitted that guns were used in the fighting but he could not verify the type of weapons used.
"Reports we received is that guns were fired in the night but that could not be verified," he said.
All stores in the area including 9-Mile's Sigirap market had remained closed and no buses were operating in the area due to the tension.
Wednesday, August 24, 2011
Sir Salamo asked to disqualify himself
By JULIA DAIA BORE
CHIEF Justice Sir Salamo Injia has been asked to disqualify himself from hearing the East Sepik provincial executive council's special reference case because of an "apprehension of bias", The National reports.
Lawyer Manuel Varitimos, of Young and Williams, representing Prime Minister Peter O'Neill, made the submission to the Supreme Court presided by Sir Salamo yesterday. But no detail of the "apprehension of bias" was presented to the court.
The East Sepik council is questioning the legality of the process used by the national parliament on Aug 2 to vote into office the Peter O'Neill-Belden Namah government.
Varitimos' application was submitted to the court during the second directional hearing to confirm the interveners in the proceedings who were named in this order from first to seventh: Attorney-General Dr Allan Marat, Jeffery Nape as speaker of parliament, the Ombudsman Commission, Sam Abal, Peter O'Neill, Belden Namah and National Alliance Party.
The counsel will argue Varitimos' application today.
Sir Salamo said "time was of essence" and ordered that the parties be served the necessary documents by 6pm last night and their response should be filed with the court registry by 9am today.
Sir Salamo will decide after hearing the submissions from both sides whether he should disqualify himself from the case.
It is understood that O'Neill is taking the issue with the fact that lawyer Terry Injia, the son of Sir Salamo, is employed by Steel Lawyers, the law firm of Rimbink Pato who is assisting lawyer Ian Molloy, representing the East Sepik council.
O'Neill's lawyers are expected to raise the issue of "apprehension of bias" on this basis.
They are raising issues because Injia had stated in an affidavit submitted to the court that he would be assisting Pato.
Somare case deferred
ANGORAM MP Arthur Somare's judicial review challenging his referral to the leadership tribunal has been adjourned yesterday to Monday, The National reports.
Presiding judge Justice Panuel Mogish said he did not have the files for the case.
The review was to have been listed yesterday.
Somare's lawyer Ian Molloy disrupted Mogish's hearing of criminal matters to have the matter heard.
But Mogish said he had other matters to deal with and that the file was not before him.
The matter is in relation to Somare being referred to the leadership tribunal.
The argument in the review was to question the legal powers that acting public prosecutor Camillus Sambua exercised in appointing state prosecutor Katwa Umpake to sign the referral.
Presiding judge Justice Panuel Mogish said he did not have the files for the case.
The review was to have been listed yesterday.
Somare's lawyer Ian Molloy disrupted Mogish's hearing of criminal matters to have the matter heard.
But Mogish said he had other matters to deal with and that the file was not before him.
The matter is in relation to Somare being referred to the leadership tribunal.
The argument in the review was to question the legal powers that acting public prosecutor Camillus Sambua exercised in appointing state prosecutor Katwa Umpake to sign the referral.
Govt clarifies appointment policy
By ISAAC NICHOLAS
THE national government will not make wholesale changes to the heads of departments and statutory bodies.
Prime Minister Peter O'Neill yesterday said there would not be any political appointments, The National reports.
"We are making two changes in the public service because they did not follow proper procedures."
Department of Personnel Management secretary John Kali said on Monday that more heads of government departments and statutory bodies would be removed.
Senior government officers who had been removed since the O'Neill-Namah regime took office were Margaret Elias as chief secretary and Gabriel Yer of finance.
Manasupe Zurenuoc took over from Elias while Stephen Gibson was appointed acting finance secretary.
When asked about the confusion the changes would create if a Supreme Court reference challenging his election as prime minister, and the validity of his government, was upheld, O'Neill said parliament had spoken.
He said democracy was demonstrated by the parliamentary process which was determined by more than 50 votes to put a new government in office.
State Enterprises Minister Sir Mekere Morauta said parliament and the courts were independent institutions.
"The government must move on. It cannot wait for the courts to make a decision," he said.
But Sir Mekere said a decision on the matter by the courts would be respected.
THE national government will not make wholesale changes to the heads of departments and statutory bodies.
Prime Minister Peter O'Neill yesterday said there would not be any political appointments, The National reports.
"We are making two changes in the public service because they did not follow proper procedures."
Department of Personnel Management secretary John Kali said on Monday that more heads of government departments and statutory bodies would be removed.
Senior government officers who had been removed since the O'Neill-Namah regime took office were Margaret Elias as chief secretary and Gabriel Yer of finance.
Manasupe Zurenuoc took over from Elias while Stephen Gibson was appointed acting finance secretary.
When asked about the confusion the changes would create if a Supreme Court reference challenging his election as prime minister, and the validity of his government, was upheld, O'Neill said parliament had spoken.
He said democracy was demonstrated by the parliamentary process which was determined by more than 50 votes to put a new government in office.
State Enterprises Minister Sir Mekere Morauta said parliament and the courts were independent institutions.
"The government must move on. It cannot wait for the courts to make a decision," he said.
But Sir Mekere said a decision on the matter by the courts would be respected.
Court to hear bid to restrain govt today
By JACOB POK
THE East Sepik provincial government's bid to obtain an interim injunction to restrain the government from withdrawing its financial powers will be heard in court today, The National reports.
The matter was heard yesterday at the Waigani National Court but adjourned because state lawyers were not present.
Despite the urgency of the matter, and the provincial government's move to have the matter heard ex-parte (only one party), presiding judge Justice Ambeng Kandakasi ruled that all parties should be present in court to properly deal with the matter.
He then adjourned the matter and told state lawyers present in court to advise their colleagues to appear today.
The Finance and Treasury had last week proposed to withdraw the financial powers of the Morobe and East Sepik provincial governments because of alleged abuse and mismanagement of funds by executives.
The Morobe provincial government successfully obtained interim restraining orders on Monday at the Lae National Court, temporarily stopping the government from signing instruments that would effect the decision to remove its financial powers.
THE East Sepik provincial government's bid to obtain an interim injunction to restrain the government from withdrawing its financial powers will be heard in court today, The National reports.
The matter was heard yesterday at the Waigani National Court but adjourned because state lawyers were not present.
Despite the urgency of the matter, and the provincial government's move to have the matter heard ex-parte (only one party), presiding judge Justice Ambeng Kandakasi ruled that all parties should be present in court to properly deal with the matter.
He then adjourned the matter and told state lawyers present in court to advise their colleagues to appear today.
The Finance and Treasury had last week proposed to withdraw the financial powers of the Morobe and East Sepik provincial governments because of alleged abuse and mismanagement of funds by executives.
The Morobe provincial government successfully obtained interim restraining orders on Monday at the Lae National Court, temporarily stopping the government from signing instruments that would effect the decision to remove its financial powers.
O’Neill puts stop to withdrawal of powers
By FRANK SENGE KOLMA
PRIME Minister Peter O'Neill has directed a halt on all moves to withdraw the financial powers of provincial governments, The National reports.
O'Neill said yesterday: "There is no NEC decision directing suspension or withdrawal of powers of any provincial government.
"If there is any allegation of financial mismanagement, there should be proper investigation conducted into the allegation first.
"We do not want to appear to be vindictive."
The prime minister's directive comes as the East Sepik and Morobe provincial governments go to court to challenge the withdrawal of their financial powers, apparently by a ministerial edict on Aug 12. The order is said to have been issued from the Finance and Treasury ministry.
The Morobe government, on Monday, sought and got an injunction preventing the national government from withdrawing its powers.
The East Sepik provincial government's bid to obtain a similar injunction was heard briefly yesterday and postponed to today.
The prime minister's stance is likely to affect these matters on foot and will prevent future moves against provincial governments without any good cause.
Meanwhile, Southern Highlands Governor Anderson Agiru said yesterday cabinet had no authority to withdraw financial powers of a provincial government except in a state of emergency or during a war.
He said this was established beyond any doubt by the Supreme Court when he challenged the suspension of his provincial government in October 2000 by the Mekere Morauta regime.
The court voided division 8 of the Organic Law on Provincial and Local Level Governments which purported to authorise the National Executive Council to withdraw powers or suspend provincial governments.
That provision, in its entirety, was found to be contrary to the dictates of the Constitution and was declared null and void.
Agiru said the purported withdrawal of financial powers of the East Sepik and Morobe provincial governments went against that Supreme Court decision.
He further said the purported action had sent fear and instability racing up and down provincial administrations nationwide.
"There has been no investigation into the financial affairs of provincial governments, no natural justice accorded .... just generalisations about misuse and abuse of powers and finances.
"As I have said before, the prime minister has all the credentials but his ministers are going astray and he needs to pull them into line."
PRIME Minister Peter O'Neill has directed a halt on all moves to withdraw the financial powers of provincial governments, The National reports.
O'Neill said yesterday: "There is no NEC decision directing suspension or withdrawal of powers of any provincial government.
"If there is any allegation of financial mismanagement, there should be proper investigation conducted into the allegation first.
"We do not want to appear to be vindictive."
The prime minister's directive comes as the East Sepik and Morobe provincial governments go to court to challenge the withdrawal of their financial powers, apparently by a ministerial edict on Aug 12. The order is said to have been issued from the Finance and Treasury ministry.
The Morobe government, on Monday, sought and got an injunction preventing the national government from withdrawing its powers.
The East Sepik provincial government's bid to obtain a similar injunction was heard briefly yesterday and postponed to today.
The prime minister's stance is likely to affect these matters on foot and will prevent future moves against provincial governments without any good cause.
Meanwhile, Southern Highlands Governor Anderson Agiru said yesterday cabinet had no authority to withdraw financial powers of a provincial government except in a state of emergency or during a war.
He said this was established beyond any doubt by the Supreme Court when he challenged the suspension of his provincial government in October 2000 by the Mekere Morauta regime.
The court voided division 8 of the Organic Law on Provincial and Local Level Governments which purported to authorise the National Executive Council to withdraw powers or suspend provincial governments.
That provision, in its entirety, was found to be contrary to the dictates of the Constitution and was declared null and void.
Agiru said the purported withdrawal of financial powers of the East Sepik and Morobe provincial governments went against that Supreme Court decision.
He further said the purported action had sent fear and instability racing up and down provincial administrations nationwide.
"There has been no investigation into the financial affairs of provincial governments, no natural justice accorded .... just generalisations about misuse and abuse of powers and finances.
"As I have said before, the prime minister has all the credentials but his ministers are going astray and he needs to pull them into line."
Natschol in, OBE out
By FRANK SENGE KOLMA
NATIONAL scholarship for tertiary students will be reintroduced by January next year, Prime Minister Peter O'Neill said yesterday, The National reports.
Among sweeping changes the government is introducing for the education sector under its free education policy:
He said he was confident that despite "early teething problems", the policy was on secure ground.
He said the OBE had failed and would be scrapped as well as the user-pay and the student loan policies for tertiary students.
"As a person who benefited from Natschol (national scholarship) with the K13 per fortnight allowance, I strongly believe that everybody has to get a chance," O'Neill said.
"The cost estimates that have been given to us for free education are well within our expectation.
"Education have estimated K610 million when we have planned for K700 million."
O'Neill said on Sept 20, the government would bring down a supplementary budget during which K350 million would be allocated and parked in a special trust account held by the Education Department for this purpose.
He said in order to avoid delays in payment, the government would start releasing payments by November and December so that, by Jan 1, all schools would have received their fees.
On school drop-outs, the education officials wanted to maintain a hybrid structure where some drop-outs are allowed at Grade 8 but the prime minister was dead against that.
"We are using the same infrastructure so I cannot see why we cannot accommodate more," he said.
"We have to utilise what we have smartly.
"We have a good environment. We can have classes under coconut trees.
"I do not see why we should not have night classes in places where there is electricity.
"Why should we deny our children the right to education just because we have capacity issues?"
O'Neill said for the first time, the 2011 development budget allocation for education would be fully utilised.
At present, about 20% of the entire recurrent and development budget goes to education.
By the time the free education policy was implemented, it would be closer to 30%, which puts education spending among the highest in the world, he said.
The prime minister assured that such heavy emphasis on education would not take money away from other priority government areas such as health, infrastructure and law and justice.
"We have the money. We just need to spend it right," he said.
NATIONAL scholarship for tertiary students will be reintroduced by January next year, Prime Minister Peter O'Neill said yesterday, The National reports.
Among sweeping changes the government is introducing for the education sector under its free education policy:
- The controversial outcomes-based education (OBE) would be scrapped by January;
- Government to pay all tuition fees for students from elementary to Grade 10;
- Government to subsidise 75% of fees for Grades 11-12;
- No drop-outs at Grade 8; and
- Payment of K350 million into a special trust held by the Education Department by November this year for distribution to all schools by January.
He said he was confident that despite "early teething problems", the policy was on secure ground.
He said the OBE had failed and would be scrapped as well as the user-pay and the student loan policies for tertiary students.
"As a person who benefited from Natschol (national scholarship) with the K13 per fortnight allowance, I strongly believe that everybody has to get a chance," O'Neill said.
"The cost estimates that have been given to us for free education are well within our expectation.
"Education have estimated K610 million when we have planned for K700 million."
O'Neill said on Sept 20, the government would bring down a supplementary budget during which K350 million would be allocated and parked in a special trust account held by the Education Department for this purpose.
He said in order to avoid delays in payment, the government would start releasing payments by November and December so that, by Jan 1, all schools would have received their fees.
On school drop-outs, the education officials wanted to maintain a hybrid structure where some drop-outs are allowed at Grade 8 but the prime minister was dead against that.
"We are using the same infrastructure so I cannot see why we cannot accommodate more," he said.
"We have to utilise what we have smartly.
"We have a good environment. We can have classes under coconut trees.
"I do not see why we should not have night classes in places where there is electricity.
"Why should we deny our children the right to education just because we have capacity issues?"
O'Neill said for the first time, the 2011 development budget allocation for education would be fully utilised.
At present, about 20% of the entire recurrent and development budget goes to education.
By the time the free education policy was implemented, it would be closer to 30%, which puts education spending among the highest in the world, he said.
The prime minister assured that such heavy emphasis on education would not take money away from other priority government areas such as health, infrastructure and law and justice.
"We have the money. We just need to spend it right," he said.
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