Team to probe Grace Memorial drama

A DELEGATION from the Morobe education board, led by secondary school inspector Gesengsu Aisi, is expected to travel to Wau in Bulolo district to investigate a controversy that is rocking the administration of Grace Memorial Secondary School, The National reports.

The controversy began last December when parents of students attending the school petitioned the board to transfer the principal, Ipisa Wanega, elsewhere for alleged mismanagement.

The parents alleged that, among others, there had not been any board meetings and financial acquittals for the 2010 academic year.

The parents were not happy that their petition was ignored by the board and the principal was allowed to stay.

In the events following, a letter was written to the principal demanding acquittals of 2010 financial year for the parents, teachers and students to know.

Deputy principal academic Lupain Philips, who was a signatory in the letter, was assaulted by the principal in front of the teachers who met for a discussion in their staff room last week.

Philips was believed to have taken the matter up with police in Wau for the principal to be charged with assault but attempts to contact Wau police station commander Paul Acca were unsuccessful.

Classes have not been affected

 

A sad day for Papua New Guinea as we head towards dictatorship!

By Bulolo MP SAM BASIL

Today is a sad day for Papua New Guinea as people whom we had hopes on have been contaminated, and our hopes crushed.

The former chief justice could have given a better reason than being defensive for the prime minister over the leadership tribunal.

Look at how he described the reasons for the removal of acting public prosecutor Jim Wala Tamate.

He said Mr Tamate was removed for non performance but failed to outline what sort of lack of performance.

Did he mismanage the office?

If so, what are the examples?

Did he not do his constitutional duty?

What are some examples?

Was he cited for contempt for not allocating lawyers to attend to criminal cases/call-overs like his predecessors?

So what are the reasons at this very crucial moment when the whole nation is looking forward to see justice prevail?

Can the former chief justice as a learned person justify his actions because you cannot afford to leave the people of PNG guessing?

Otherwise, Sir Arnold is just another puppet, executing the prime minister and his family’s will and the only conclusion that the people come up with is none other than prime minister’s own case.

 Decisions that Mr Tamate has made in relation to the prime minister’s case has restored the office of the public prosecutor and the public confidence that the office of the public prosecutor is independent.

Some people even did not know what the office of the public prosecutor is until Mr Tamate referred the prime minister.

Sir Arnold is saying that the National Judicial Service Commission is independent and is going to the extent of even outlining who constitutes that Commission.

With due respect, it does not matter who constitutes that commission, as long as the decision that the commission makes is seen not to be political and independent.

The commission is the only beacon of hope for this country but sadly today we are one getting one more step closer to a dictatorial type of government.

 If the government is serious enough, why another acting public prosecutor and why for only 12months?

Is it not true that Arthur Somare’s judicial review proceedings is about to be finalised by March and he is going to face the same fate as his father?

Is it not true that the public prosecutor will be prosecuting the prime minister’s case when the matter is heard by the tribunal?

Is it not true that Mr Tamate has been appearing in Court with the Ombudsman Commission and state lawyers regarding Arthur Somare’s case which indicated that once that judicial review proceeding are finalised, he was prepared to send Arthur to face the same fate as his father?

Is it not an attempt to send a message to anybody who will be handling the prime minister’s case to be wary of their own fate before handling his case?

Is it not an attempt by the prime minister and his son to save their face with the elections coming around the corner?

Is it not true that the chief justice is dancing to Sir Arnold and ultimately the prime minister in this Judicial and Legal Service Commission, where Sir Arnold, who is the chairman, is strongly advocating for the delay of the tribunal?

 Can the chairman of the Judicial and Legal Service Commission explain the exact things that Mr Tamate did not perform or is he just simply changing the referee?  

There could be something better than mere excuses.

Huon Gulf MP Sasa Zibe in contempt of court over Watut River issue

By Bulolo MP SAM BASIL

 

The issue of the damage to the Watut and the people who rely upon it for their very existence and the resulting court case should not be the subject of a publicity-seeking talkfest proposed by Huon Gulf MP Sasa Zibe. 

The question of liability of MMJV for the damage is before the courts and minister Zibe’s conduct would be in contempt of court.

Where was Sasa Zibe when the people he represents in Parliament were crying for help throughout 2009 and 2010 as their river had been destroyed?

Where was he when they were complaining that the fish were dead, that they couldn’t use the river for transport as the overburden from the mine had made the river too shallow?”

Authorities have been signed by landowners of the Lower Watut region, which is in his electorate, for me to represent them in the court case against MMJV as Sasa Zibe did nothing to help them.

Now the mining company is putting the pressure on as the court case has started, Sasa Zibe is trying to get his people to stop their fight for their rights by the calling of a general forum. 

The issues he seeks to talk about in the forum, if dealt with properly, would take weeks to resolve, not days.

Sasa Zibe is paying lip service to public consultation and he knows it.

I remind Sasa Zibe of his own government’s warning of contempt of court several months ago through the then attorney general Ano Pala and the then governor of Madang Sir Arnold Amet (now attorney general) to anyone who wished to debate, talk about or protest against the amendments to the Environment Act, as Mr Pala stated that the issue legality of the amendments was before the courts.

They threatened any and every citizen of this country with charges of contempt of court if the issues before the court were discussed in any forum.

I suggest that Sasa Zibe takes his own attorney general’s advice on this matter and refrain from any discussions concerning the basis of the court case and should he in fact discuss any of the issues before the court, I will not hesitate to commence proceedings for contempt of court against him, in order to protect the legal rights of the people of the Watut.

It would be also proper for the minister to get his Huon Gulf district joint district planning and budget priorities committee (JDP and BPC) to help Bulolo district JDP and BPC to fund the court case because we have heard their plea and stood in on his behalf.

 

###

 

Hon Sam Basil MP

 

In response to:

Morobe sets to discuss mining issues through forum

Post-Courier Thursday February 10, 2011

By FRANK RAI

PREPARATIONS are well underway to stage a Morobe Mining Forum in Lae later this month to discuss mining issues affecting the province.
The forum is organised by the Morobe provincial government and is planned to be staged at the PNG University of Technology’s Duncanson Hall.
Morobe MPs including Governor Luther Wenge, government officials, mining officials, company executives, local community members, leaders, scientific organisations and stakeholders will participate.
The purpose of the forum is to gauge views by way of debating and discussing issues concerning mining operations in the province.
Many issues have been raised currently on the operations undertaken by Morobe Mining Joint Venture (MMJV) by affected communities with their outspoken Bulolo MP Sam Basil.
Huon Gulf MP and Minister for Health Sasa Zibe said yesterday that all Morobean MPs, local leaders and interested parties should come together and debate issues ranging from landowners, conservation and environment and benefit sharing agreement.
Mr Zibe said other issues in relation to mining practices employed by developers, regulations and legal frame work would also be discussed at the forum.
“The outcome of this forum is to bring all known and perceived problems and issues to the table and encourage mediation process between all parties through which solutions would be found that concern local landowners, national and provincial government and the developer,” Mr Zibe said.
He added that he decided to propose the forum because he believed that there were workable partnership with investors rather than going through court battles.
“Morobe people and leaders must stand together on this issue. Mining is here to stay but we as a province must lay the ground rules for companies to come and operate,” the minister said.
Mr Zibe said that his people were set to be affected once the Wafi mining which shares the electorate with Bulolo electorate operates.
The minister said he was hopeful that amicable solutions would be found for current dispute between all parties involved in the Morobe Mining Joint Venture (MMJV) through mediation after the debate and forum.

 

Basil rejects Sir Arnold's statement

By Bulolo MP, SAM BASIL

 

The statement by the attorney general that the public should not demand swift decision making from the chief justice as to the appointment of a leadership tribunal is as offensive as it is clearly wrong.

  The chief justice, like the attorney general, is public servants and should be answerable and accountable to the people of Papua New Guinea at all times.

  Serious allegations have been made against the most-senior public servant in PNG, the prime minister. 

These allegations remain unanswered three years later. 

This is bringing the integrity of the office of prime minister into question and it is in the interests of the country as a whole that these allegations are resolved quickly, one way or another.   

  Justice delayed is justice denied.

  The public prosecutor was satisfied that the prime minister was guilty of misconduct in office, which resulted in his referral of the matter to the chief justice for the appointment of a leadership tribunal pursuant to Section 27(2) of the Organic Law on the Duties and Responsibilities of Leadership.

  When a tribunal is to be appointed to inquire in the case of alleged misconduct in office by the prime minister – a special provision applies as to the make-up of the tribunal – which is Section 27(7) (d) of the Organic Law on the Duties and Responsibilities of Leadership, which provides that the chief justice must appoint a tribunal consisting of a chairman and two other members, all of whom must be—

(i)        Judges or former judges of the National Court; or

(ii)       Former Judges of the pre-independence Supreme Court of Papua New Guinea; or

(iii)      Judges or former judges of an equivalent court of a country that has a legal system similar to that of PNG;

  The chief justice does not have discretion as to whether or not he should appoint a tribunal under the Organic Law, once the matter is referred to him by the public prosecutor, he MUST appoint a tribunal.

  This performance of this duty cannot be delayed.

 It is not a difficult or time- consuming task as there is only a limited pool of persons from which the chief justice may appoint the tribunal.

  It is in the interests of justice that this task is performed as quickly as possible so that these allegations may be resolved so that the integrity of the office of prime minister is not further destroyed.  

  It is therefore entirely appropriate that the people demand that the tribunal be appointed within a reasonable time and that means as soon as possible in these circumstances. 

For the attorney general to suggest that the people have no rights to demand quick action, it is not only in breach of the basic principles of democracy but he is clearly playing politics and trying to delay the determination of the allegations of misconduct against the prime minister, which all of PNG has been waiting for.

 We should also remind ourselves that the attorney general and the governor of Madang Sir Arnold Amet is also a member of the National Alliance Party from which the prime minister is a leader of and delivering such statements can only bring the integrity of his office into question.

 There should be a law in the future to make the office of the attorney general be occupied by public servants only and not politicians as such.

It would be also proper for future chief justices not to enter politics because the respect they carry from this high profile office can be easily tainted when they start playing petty politics.

 

Hon Sam Basil - Opposition MP

Bulolo Open Electorate.

 

In response to –

 

Amet: CJ should not be put under pressure

 

By JOSHUA ARLO – Post Courier

 

THE CHIEF JUSTICE should never be put under pressure by public demand to appoint a leadership tribunal to look into the alleged misconduct in office by the Prime Minister Sir Michael Somare.  “The process is consultation. That is important given the seniority and importance of the high public office of the Prime Minister,” the Minister for Justice and Attorney-General Sir Arnold Amet said yesterday.  The former Chief Justice, who left the bench seven years ago to pursue a political career, was speaking to Post-Courier in an exclusive interview after the launch of the Department of Justice and Attorney-General’s first ever newsletter. He said the decision to appoint a tribunal was the sole responsibility of the Chief Justice and he must not give in to public demand as the decision needs a lot of consideration, as well as consultation with other judges before he could appoint the tribunal.  An appointment for the tribunal is pending because the Public Prosecutor made the request on the eve of court vacation. The vacation ended last Monday when the 2011 legal year resumed. Sir Michael stepped aside from office after the request was made but recently resumed office and he is expected to step aside again when a tribunal is appointed again.  Sir Arnold also raised two other issues that surrounded the issue of the appointment of a tribunal in relation to office holders which are currently being discussed. “Firstly, a misunderstanding that the Public Prosecutor requested the Chief Justice to appoint a tribunal that didn’t automatically resort to suspend the Prime Minister. And secondly, it is the decision of the tribunal as to whether the Prime Minister should be suspended from office,” he said yesterday.

 

Lelang must speak out

By Bulolo MP SAM BASIL

 

I call for on suspended National Planning secretary Joseph Lelang (now sacked) to come out now without fear or favor and expose all he can to clear his name.

 Usually members of parliament give directives and when the going gets tough they hide and let the departmental secretaries to cope with the blame game so I am appealing to the sacked secretary to come out now and spill the beans.

 Tell us who and where the monies in various trust accounts disappeared to?

Which companies?

Which MPs used undue influence or threatened him to break financial laws to dish out or redirect funds?

Why is Paul Tienstein so quite since this issue surfaced?

 I am ready to march the street with the people to demand the arrest and charging of members of parliament when Joe Lelang exposes the rot and he must do so now!

 Ministers have been buying houses and shifting their families overseas in an unprecedented manner never like never before from those stolen funds so Lelang owes it to the people of Papua New Guinea and he must speak now to save face.

 

 

Sack environment minister and secretary

By Bulolo MP SAM BASIL

I call on the prime minister to sack the minister for environment and conservation Benny Allen and his departmental head Wari Iamo for failing to serve the people of PapuaNew Guinea, especially the victims of environmental destruction.

 The recent Deloitte report has branded the Department of Environment and Conservation department as untrusted and with that alone wecan assume that corruption exists from ministerial level down to the department.

 The genuineness of approving new environmental plans and issuance of environmental permits can no longer be trusted by ordinary Papua New Guineans because all environmental plans have failed, leaving the exposed communities to fend for themselves, and even taking their very own government to court.

 The recent visit and statements made by the minister and his secretary after visiting Hidden Valley has proven to us all that their position has been compromised.

 If they can be branded as untrustworthy and irresponsible by a reputable accounting firm, then it is to the best interest of all Papua New Guineans that Allen and his secretary be sacked immediately by the prime minister without delay.

 If for some reasons the prime minister cannot, then we all can assume that the prime minister is part and parcel of those corrupt practices in within the DEC because of his government’s involvement with the Ramu nickel mine.

 If the minister and the secretary have been playing the games with the prime minister in fear of heir jobs then they have to come clear to the media and expose all to clear their names.

 Just like the planning department secretary and the planning minister, hey all have reached the crossroads now and must come out to clear their names.

We will see many such cases coming out of the woodwork before the national elections next year.

 

 

Bulldog Track access for locals to be challenged in court

The remote Tekadu people have used the Bulldog Track for many years to bring their market goods like buai (betelnut), tobacco, dried river fish, galip nuts and gold for sale into Kaindi (Eddie Creek) and Wau, and also to access to health centres and to bring children for school. The closure of Tekadu people’s only access into Kaindi and Wau town has left them with no option but to trek from Tekadu and overnight in Nukeva (Tauri Lakekamu local level government (LLG) - Kerema) then catch banana boat for Yopoi Bridge (Malalau –Kerema) and then catch a PMV to Port Moresby – a total of three or four days of travel.
Councillor of Tekadu Ward 20 of Wau Rural LLG, Henry Timothy, explains that for the villagers to transport a 20kg bag of buai into Port Moresby, they have to pay village porters to carry buai bags from Tekadu into Nukeva (a whole days walk) and then another day on banana boat into Yopoi, and then catch PMV on the notorious Kerema Highway into Port Moresby
Many have fallen victims of criminal hold ups on PMVs and banana boats, while the economics of transporting their produce from Tekadu into Port Moresby has proven uneconomical ever since the closure of their only access into Wau by MMJV mine operators Newcrest of Australia and Harmony Gold of South Africa.
Councillor Henry stressed that the cost of travelling to Port Moresby markets had made it very difficult for the locals to earn a living, and many had given up their ways of earning cash by returning to a subsistent way of life, which meant they would not be able to afford salt, cooking oil, school fees, rice, soap and even cloth themselves.
Trekking into Hidden Valley and Eddie Creek has been their traditional route and the councillor wants their local MP Sam Basil to fight the developer of Hidden Valley for their rights to use the Bulldog Track again.
Mr Basil assured Councillor Henry that the traditional rights of the people to have access to the Bulldog Track that runs into Hidden Valley Mine would be challenged in court.

Bulolo MP Sam Basil and Councillor Henry Timothy

Before the mining company arrived, the Tekadu people have been using the Bulldog Track, even long before World War 11, and know that they still have their rights.
They believe that there are international laws somewhere, including our national constitution that can protect the indigenous people’s rights like themselves and their way of living from big international mining companies like MMJV.
In 2006 and again in 2009, the Tekadu people tried to protest at the entrance of the company in Hidden Valley to ask for their access rights, but were ignored.
The first attempt resulted in several arrests made.
Councillor Henry said the victims were Peter Yaku and Sonagi Elimas, including their wives, who were arrested and detained in Bulolo cells and were later released on bail.
When MMJV commenced the Hidden Valley mining operations, it prohibited access by the Tekadu people to the Bulldog Track by placing locked gates and security guards with guns at the points where the track enters and exits the mining lease area.
MMJV have unlawfully terminated the access to the Bull Dog track for these people.
The Bull Dog track was constructed by Australian Army engineers and Papua New Guineans over nine months in 1943.

Satellite image of the Bulldog Track

More than 2, 000 Australians and 2, 000 Papua New Guineas cut the road with pickaxes and dynamite over a period of eight months and it was built for the purpose of providing a supply line for future military operations in the Markham Valley and on the North Coast of Papua New Guinea.
The Chief Engineer, W. J. Reinhold, was later to write "Every foot of progress made on this road exacted the ultimate in courage, endurance, skill and toil. Its construction took a toll from surveyor, engineer, laborer and native carrier alike."
Mr Basil said the people now have to walk around, in much more-difficult terrain that added three days onto their journeys.
The people of Yanina, Anandea, Yanawe, Tekadu 1 and Tekadu 2 cannot bring store goods back to their homes because of the rough terrain and have to cross into Gulf and Central provinces to sell their betelnut and raise funds for their basic needs and to get treatment at health centres.
The lengthy walk means the people cannot carry their market goods into Wau nor get emergency case to medical treatment into Wau in time.
There was an aid post and a school in the Tekadu area but both closed due to the blocking of the track by MMJV.
Last year a woman who had complications from child birth was carried for seven days on the diverted route and she died 50m from the health centre.
Had she and her carriers been allowed access to the Bulldog track, she would have reached the health centre days earlier, and probably would have survived.
The closure of Bulldog Track has also affected the tourism industry, because unlike the Black Cat Track villagers, people from Tekadu cannot build guest houses or participate in the tourism business spin-offs.
By blocking access to this track, MMJV has infringed on the people’s customary land use rights contrary to the Mining Act and breached their Constitutional rights including but not limited to S52 Freedom of Movement and S53 Unjust Deprivation of Property. MMJV has neither provided an alternate route for the Tekadu people, nor compensated them for their loss of land use and breach of their rights.
The Bulolo District has determined that it will assist these people to take redress against MMJV and enforce these people’s rights and hold MMJV accountable for their actions.