Constitutional crisis of 1991

EPHATA SAMUEL


As the tumultuous turn of events in the past weeks have led from one crisis to another, Post Courier's memory lane expert Ephata Samuel takes us back in time to another event 19 years ago that plunged the country into a similar period of constitutional uncertainty.

Barely a week after Papua New Guinea hosted one of the most successful South Pacific Games ever and won the medal tally for the first time, Papua New Guinea was thrown into its biggest constitutional crisis in history.

On Friday September 27, 1991, six days after the close of the 9th South Pacific Games, the Head of State and Governor General Sir Serei Eri defied a Leadership Tribunal recommendation that he dismiss Deputy Prime Minister Ted Diro from office.

Instead, in a highly controversial decision, the Governor General (late) Sir Serei Eri reinstated Mr Diro to the position from which he was suspended in April of that year.

Then Prime Minister (now Sir) Rabbie Namaliu issued a stern warning to the Governor General that he must abide by the Constitution or be sacked. Deputy Opposition leader Sir Julius Chan declined to comment saying the matter was “highly sensitive.”

Mr Diro however personally welcomed his reinstatement saying the Governor General was “a man of impeccable integrity and great compassion” who acted in the interest of the nation.

Mr Diro had been officially stood down from his parliamentary and ministerial duties in April when he was charged with 86 counts of corruption, but he was allowed to retain the title of Deputy Prime Minister.

The charges arose from allegations of Mr Diros dealings revealed during the Forests Inquiry by Judge Tos Barnett, when Diro was Forests Minister, and his alleged involvement with one time Indonesian Army strongman General Benny Murdani, who Mr Diro admitted had helped fund his political party’s campaign.

A three-man Leadership Tribunal headed by National Court judge Graham Ellis and magistrates Martin Loi and Iova Geita on Friday September 27, 1991 at 8.08 am convicted Mr Diro on 81 of the corruption charges and recommended that the Governor General sack Mr Diro from Parliament and fine him a total of K3300.

Under the Constitution, the Governor-General must act on the tribunal’s recommendations. The tribunal itself noted in its report,”…under section 28(2) of the constitution, His Excellency is required to act in accordance with these recommendations.”

Sir Serei, a long time friend of Mr Diro and former president of Mr Diro’s People’s Action Party said in a brief statement that his decision “was in the best interest of the nation.”

Of the 81 counts, 70 were described to be overwhelming and were serious enough to warrant Mr Diro’s dismissal from office. The remaining 11 counts required a total fine of K3300.

Prime Minister Namaliu warned that no person in PNG was above the law. He denied there was a constitutional crisis. “We are governed by the Constitution which sets out clearly the division of power within our country, and the responsibilities and duties of National Leaders,” he said.

“As a Parliamentary democracy, political and legislative power is vested in the parliament and the National Executive Council.

“The constitution provides for the absolute independence of the judiciary, so that the courts and judicial tribunals are not subject to, directed or influences from anyone.

“Unlike some other Commonwealth countries, the constitution of Papua New Guinea does not provide for any reserve or independent powers to be held by the Governor General. He is not able to act outside the constitution or contract to the lawful, constitutional advice of the cabinet, nor is he able to over-rule any decision by the courts or by judicial tribunals. Since our independence, successive Governors General have been made fully aware of, and have accepted that their office does not grant them any reserve powers or even powers of vote.

“Neither the Governor General or the Cabinet has any power to reject or to amend a decision by a Leadership tribunal. Indeed the courts themselves have ruled that the decision of a leadership tribunal is not even subject to appeal to the Supreme Court, the highest court in Papua New Guinea.

“I both hope and believe that His Excellency will discharge his constitutional duty in regard to the decision by the Leadership Tribunal. Under our constitution and our legal system, we are all equal before the law, that none of us , no matter what his or her position, is above the law,” the Prime Minister said.

On Monday September 30, Cabinet met to decide Sir Serei’s fate. Prime Minister Namaliu said after the meeting it had referred the matter to the Queen and recommended for Sir Serei’s sacking as vice regal.

The next day, on Tuesday October 1, Sir Serei resigned as Cabinet Secretary Peter Eka left for London to deliver Cabinet’s recommendation to Buckingham Palace for his dismissal.

About an hour and a half later Central MP and Deputy Prime Minister Ted diro submitted his own resignation letter to the office of Speaker Dennis Young.

Sir Serei’s resignation note handed to the Prime Minister and Speaker at noon and released soon afterwards by both Government House and Mr Namaliu said simply: “I tender my resignation as fifth Governor General. Thank you for your help…Wish you all the best.”

Mr Diro’s one line notice of resignation read: “My dear Speaker, It is with deep regret that I advise you of my resignation as the elected member for Central Province effective immediately,” was delivered to the Speaker’s office about 1.30pm. Mr Young accepted the resignation and announced it later that night.

In another dramatic development on that day, National Court judge Graham Ellis who chaired the tribunal and found Mr Diro guilty of misconduct in office also resigned.

The resignations by Sir Serei and Mr Diro ended a constitutional crisis which began when Sir Serei refused to act on a Leadership Tribunal recommendation to dismiss Mr Diro from Parliament after being found guilty of 81 counts of official misconduct.

Footnote: In 1997, Mr Diro campaigned successfully and won the Central Province seat by an overwhelming margin but was defeated at the next round. He has since stayed out of public life, concentrating on his business interests.

First Published on the Post Courier,  Wednesday 15th December 2010

Wednesday 15th December, 2010