PNG Government actions tramples seperation of powers

NAMAH: No one is above the law

The Prime Minister of Papua New Guinea should bury his head in shame and consider himself a total disgrace before heads of Government of countries in attendance for the APEC summit in Hawaii. He should perhaps be also met with some of the toughest of rebukes from advocacy groups in Hawaii for his anti- constitutional democracy antics.

He attends a summit which is attended by prominent leaders of the world who hold an high regard for constitutional democracy and the independence of their judiciary systems in their Countries. Peter O Neil’s recently concocted move, engineered to be announced by his deputy after his exit from the Country to attend this high powered meeting, must be condemned in the strongest possible term and squarely pinned on his hands. He should be shameful of his actions and consider himself a misfit amongst all the level-headed leaders of the World in attendance of the Summit.

Perhaps Australia’s Julia Gillard should re-echo her famous phrase to PNG’s foolish leader for “losing his way to govern” in protest over his unprecedented action. The bastion and cranks of constitutional democracy rests on the judiciary arm of any democratic country because it is after all, the institution charged with the enforcement of the constitution, rights, and other democratic procedures in constitutional democracies. Ideally, through the application of judicial or constitutional review, judges not only mediate conflicts between political actors but also prevent the arbitrary exercise of government power.

In fulfilling this role in any constitutional democracies, the courts become powerful actors in maintaining the submission of the state to law. Nonetheless, the ability of the courts to fulfil this role is by no means automatic. Instead, it is heavily contingent upon the independence of the judicial Arm of Government.

It is upheld that without independence, the judiciary can be easily manipulated to prevent it from questioning the illegal or arbitrary acts of state actors. Where independence exists, however, it is believed that the courts are able to be more forceful mechanisms for the defence of constitutionalism and justice. Given the aforementioned relationship between the rule of law and democratic consolidation, the establishment and security of judicial independence were actively sought by fathers and those who tirelessly laid the foundations for the democratization of Papua New Guinea.

For these foundations to be tampered with by the current Government through the suspension of the Chief Justice on political framed reasons, the Country runs the risk of been returned to the unruly past. The actions of the Government now throws into chaos more than 30 years of constitutional culture which taught state actors that the legal bounds of the judiciary system of our country could not be transgressed for the achievement of partisan political gains. Papua New Guineans should clearly see what is happening now at the whims of a power-hungry regime.

I call on all Papua New Guineans irrespective of region, traditional background, religion, and affiliations, to detest in the strongest possible term, the political stunt by this foolish and rootless Government, to under mind the constitutional democracy of our Country. Let us all as Papua New Guineans take a united stand and remind these politicians that whoever masses around with the Constitution of our beloved Country must be imprisoned. Let us all protest for the mere protection of our Constitution and Democracy.

JOHN OKONA