Sinebare is new education boss

By STEPHANIE BAWO

DOCTOR Musawe Sinebare has been appointed the new secretary for the Department of Education, The National reports.
Sinebare is the former deputy director of research at the National Research Institute. He replaces Dr Joseph Pagelio.
In a hand-over ceremony at the National Library in  Waigani, Sinebare said there was a need for smart and intelligent strategies to tackle the immediate challenges faced by the department.
This includes the implementing of the government’s programmes and policies such as the phasing out of the outcome-based education, fair and equal distribution of the K70 million for the rehabilitation of the education sector infrastructure programme,  the K40 million for the improvement  of the four national High school into Schools of Excellence and teacher issues.
He said for this to happen, there must be a change of mindset and attitude towards conducting business in the department.
He also highlighted the need for information and communication technology in the department so that proper management records are kept.
 Pagelio said Sinebare was not new to the ministry and had lots of experience with a background in the education sector.
He said Papua New Guinea had seen much improvement over the last 20 years and urged all staff and stakeholders to support Sinebare in implementing the government’s education plans and policies through the department.
Meanwhile, donor agencies had given their continued support to the department in the fight against HIV/AIDS.

Agiru warns of another crisis

By ISAAC NICHOLAS

SOUTHERN Highlands Governor Anderson Agiru says the suspension of the chief justice by the government has created yet another constitutional crisis, The National reports.
“If it is true that the chief justice has been suspended, it is yet another constitutional crisis. There is clear separation of powers under the Constitution,” he said yesterday.
Agiru said the appointment and removal of judges were clearly spelt out in the Constitution.
“The acting prime minister and his cabinet should not be interfering with the work of the judiciary.
“If there are any allegation against the chief justice or for that matter any other judges, then due process must apply.
“It is a very sad day for Papua New Guinea as we are setting a very bad precedent.”
Agiru said the citizens had a right to echo their concerns over such acts by government.
He warned that PNG must not go down the path of many African and Latin American countries cautioning that history did repeat itself.
“The acting prime minister, while the prime minister is away, has again created a constitutional crisis.
“The National Executive Council does not have any powers to suspend any judges.
“The citizens have a right to protest such decisions by politicians drunk with power.”

Grand Chief Somare condemns ‘shameless act’

GRAND Chief Sir Michael Somare yesterday condemned the government’s decision to suspend the chief justice, The National reports.
“It pains me greatly that this unprecedented action is being taken when the full bench of the Supreme Court is deciding on one of the most important constitutional issues to face this country,” he said in a media statement.
“Because due processes have not been followed, I doubt if any fair minded citizen would believe the NEC accusation that Sir Salamo Injia has been guilty of any wrongdoing.
“Most members of the public would be well aware that I was closely involved with the drafting of the PNG Constitution, along with other leaders of the day, such as Bougainville President John Momis.
“This is a shameless action taken at the conclusion  of hearings by the full bench of the Supreme Court on the legality of the Aug 2 parliamentary coup and the Sept 6 declaration of a vacancy for the East Sepik Regional seat. I held that seat for an uninterrupted period of 43 years.”
Sir Michael said the public would be well aware of the string of decisions taken by the O’Neill-Namah government to give themselves a pretence of legitimacy.
“You  will recall they first tried very hard to stop me from returning from Singapore so my East Sepik seat could be declared vacant on grounds I had missed three consecutive sittings of parliament.
“Then the national government threatened the use of force to get the East Sepik provincial government to withdraw its special reference to the Supreme Court, acting in contempt of proceedings that were already under way.
“Now, in a third untoward action, the government is for the very first time in our history trying to impugn the integrity of our judiciary and the judicial system.
“I categorically condemn these actions.”

It is an evil action, says Abal

ANOTHER evil action by this illegal government was how former acting prime minister Sam Abal described yesterday’s purported sacking of the chief justice, The National reports.
He said the O’Neill-Namah Government seemed set on bringing Papua New Guinea to its knees by its disregard of the law and judicial system.
“They broke the Constitution and they are quickly trying to cover up for that error by sacking the chief justice as he and four other judges are about to hand down their decision on the election of Peter O’Neill as prime minister,” Abal said in a statement.
“In our 36 years of independence we have had government changes but never has the
integrity of our judges been questioned except by this government and this cannot be allowed to continue.
“The people must rise to make their views known to the government to reverse this insane decision.
“It makes a laughing stock of PNG in the international community; we have taken a couple of steps down by interfering with our judiciary.
“We have lost the sacrosanct of this valuable institution by this action and brought PNG’s name into disrepute.”
Abal said the leaders were mandated by the people therefore they must act responsibly, not recklessly with decisions.
“What right does Belden Namah and others in government have to blatantly destroy the foundation of PNG, beginning with the Constitution and now meddling with the head of the judiciary?”

Amet: Callous and foolish move on judiciary

THE purported “suspension” of the Chief Justice Sir Salamo Injia is an action that needs to be condemned unequivocally as inappropriate and contemptuous of the Supreme Court, Sir Arnold Amet said last night, The National reports.
Sir Arnold, the Madang Regional MP, said in a media statement: “This is a callous and foolish attempt to compromise the judiciary.”
“It should not be tolerated especially since the Supreme Court is presently seized on a reference regarding
the constitutionality of the change of government that took place on Aug 2.
“This action is contemptuous of the Supreme Court. The perpetrators of this action are liable to face prosecution.”
He said what transpired was a blatant attempt by the National Executive Council to interfere with the course of justice.
“The National Executive Council has appointing powers but no disciplinary powers over members of the judiciary. Any such matter should, by right, be taken up by a leadership tribunal,” he said.
Sir Arnold said after he had warned last week that the NEC was discussing moves to sack the Chief Justice, Prime Minister Peter O’Neill publicly demanded an apology from him.
He said although O’Neill was out of the country and that the NEC statement was signed by his deputy Belden Namah, the prime minister was a party to the decision.
“O’Neill flew out of the country so that he could conveniently deny participating in the decision if public sentiment was aroused.”

It is outrageous, says law society

By JULIA DAIA BORE

PAPUA New Guinea Law Society president Kerenga Kua has described the cabinet decision to suspend the Chief Justice Sir Salamo Injia as outrageous, The National reports.
He said yesterday it could only be deduced to be “a way to sabotage, disrupt and derail the delivery of the final judgment of the full bench of the Supreme Court in the Supreme Court reference No.3 of 2011, scheduled to be delivered on Dec 9 and to rule by default into the next election.”
Kua said the National Executive Council did not have the powers to suspend the chief justice.
“That power belongs to the head of state, acting on the advice of the NEC under section 182(3) of the Constitution.
“The NEC decision is merely an advice to the head of state. There is no suggestion as yet that the head of state has accepted the advice to suspend the chief justice.
“In that regard, I urge the head of state in the strongest possible term to tread on this matter with great caution and take a full independent external legal advice before making a decision.
“A rash acceptance of the NEC recommendation will create an unprecedented constitutional crisis and reduce Papua New Guinea to an outcast and pariah in the international community.”
Kua also called upon the Judicial and Legal Services Commission to intervene by the operation of law that grants a judge (in this case the chief justice) the right to continue to complete uncompleted matters (before him) before his suspension or even during his suspension – were he indeed under suspension.
“The announcement of a cabinet decision to suspend the chief justice is the single most outrageous cabinet decision and is beyond all belief.
“The judiciary has been the only one of the three arms of government that has upheld democracy in this country. We destroy its integrity now and the whole of democracy will be threatened.
“It is now far bigger than any constitutional crisis this country has had before,” he said.
“Whatever manner the members of the cabinet may dress it and spin it, the motives and objectives are very clear. It is to sabotage, disrupt and derail the delivery of the final judgment of the full bench of the Supreme Court in Supreme Court reference No.3 of 2011, scheduled to be delivered on Dec 9, and to rule by default into the next election.
“The timing of the suspension destroys any suggestion that this is genuine. This action will now go down in history as the single most direct assault on the judiciary to date.
“If the cabinet has now chosen to go down this path then who else is out there with the requisite authority to insist governance according to the rule of law?
“This decision has to be seen in the context of the parliamentary actions on Aug 2, and Sept 6, which led to the Supreme Court reference.”

Chief justice suspended

By ISAAC NICHOLAS and FRANCIS ULIAU

CHIEF Justice Sir Salamo Injia has been suspended and a tribunal appointed to investigate allegations of gross misconduct against him, The National reports.

Sir Justice Sir Salamo Injia

Instruments effecting the suspension, a first for Papua New Guinea in its 36 years as a sovereign nation, had been signed by Governor-General Sir Michael Ogio and gazetted (Gazette No. G316 of Nov 10, 2011).
Announcing the National Executive Council decision yesterday, shortly after cabinet met, acting Prime Mi­nister Belden Namah said the allegations raised against the chief justice dated back to 2009 and had nothing to do with the East Sepik Supreme Court reference, a statement re-affirmed by Attorney-General Dr Allan Marat.

The National Gazette, dated Nov 10, on the suspension of the chief justice

The opposition and the PNG Law Society immediately cried foul, saying the government was undermining the judiciary and the office of the chief justice (stories, page 2).
NEC sources last night said the suspension did not affect Sir Salamo’s post as the chair of the five-judge Supreme Court bench hearing the East Sepik reference case, of which a decision is expected on Dec 9.
Deputy Chief Justice Gibbs Salika was appointed acting chief justice while Justice Bernard Sakora would be acting deputy chief justice pending the tribunal report.
Members of the tribunal appointed to investigate the allegations against Sir Salamo were former judge Paul Akuram as chairman with justices Collin Makail and George Manuhu as members.
Namah, flanked by his cabinet ministers, told reporters that the allegations against the chief justice stemmed from complaints by the various sectors of the community and the government needed to act “to prevent further negative impact on the dignity, confidence and integrity of the judiciary”.
Government advisers also warned last night that it was “in the interest of the government and people of PNG that the matter is handled cautiously and with due care and attention because these serious allegations are levelled against a very senior member of the judiciary”.
“It is unprecedented and an informed decision is needed to minimise any disruption to the administration of justice in Papua New Guinea.”
Namah said among the grounds for suspension were the allegations of contempt charges, questionable conduct and double dipping, abuse of the salaries and remuneration commission determinations towards housing entitlements and gross mismanagement of court finances.
Other charges included misconduct and impropriety in office, practising double standards and condoning immoral behaviour of judges and corrupting, scandalising and bringing into disrepute the overall administration of the judiciary, its system and processes.
Citing a police report, Namah said Sir Salamo was facing contempt charges, along with the former registrar of the Supreme and National Courts Ian Augerea, for breaching contempt orders concerning entitlements relating to the estate property of the late judge, Justice Timothy Hinchliffe.
He said before the death of Hinchliffe in March 2009, the judge had signed a document pertaining for his will to his adopted son, Timothy Moere Sari (Jr).
Despite the cheque being cleared and paid to Sari, Sir Salamo was said to have verbally directed Augerea to recall the cheque.
“Thereafter, the cheque in question was cancelled causing presiding judge Justice Mark Sevua, who granted the Grand of Probate Order, to question why the cheque was recalled and cancelled.”
Namah said when police were in the process of interviewing Augerea and the chief justice, they took out a permanent restraining order.
“The matter had been pending.
 “There is only one law for all citizens and nobody is immune to prosecution if they breach these laws,” Na­mah said