Somare/Abal regime hijacked the constitutional powers

By Johnson Kewa Remoli

I know we are not alone in this lengthy public discussion. Concerned citizens should participate as well. Anyway, I do not wish to engage in this debate that will create enmity among us but as a concerned citizen I feel it is necessary to clear the air of misunderstanding which still prevails.  I hope this discussion is healthy and constructive and will lead to a favorable solution.

Besides, I do not wish our brothers and sisters to misunderstand my position as I do not benefit from O'Neill/Namah and his associates. In fact, I have no political affiliation and business partnership with either the Somare/Abal or O'Neill/Namah camps. I am an independent thinker and a proud PNGean who stands for transparency, accountability, responsibility, peace, harmony and a vibrant democratic government.

Having said that, let me begin by saying that I deeply cherish the honorable views that you reflected and shared and I wish that PNG should not disintegrate into a state of anarchy.  It is also every one's desire to see PNG not travelling the path of total social disorder and chaos. We all desire for a country where people (including elected govts) respect the rule of law, respect each other and maintain vibrant democracy and prosper into a great nation.

Yes, again I agree that the supremacy of the constitution must be maintained. It must not be tempered with or manipulated for our convenience. The courts are the custodian of our "Mama Law". Thus, stringent measure must be take to safeguard its significance to its constituents.

With great deal of respect for you honesty and truthful explanations from your heart, let me argue that your continued insistence of O'Neill/Namah illegitimacy is deplorable and your viewpoint is unpopular given the current fiasco and needs further clarification.

In my earlier commentary, I have clearly pointed out that both Somare/Abal camp and O'Neill/Namah camp have dirty hands in the whole political crisis. Both camps should accept the ridicule and judgement of its citizens. They have set a bad precedent and they cannot continue to hold the nation at ransom. The impasse should end immediately! (With deep respect....not by the way you suggested).

However, by way of reason and Law, O'Neill/Namah regime is legitimate. Let me explain why I see O'Neill/Namah legitimacy.  My first argument was based on the doctrine of the separation of power. I reiterate that only on the floor of Parliament, a government is mandated. The Supreme Court does not mandate a government but only interprets the Law. While I agree that the decision of the Supreme Court regarding the legitimacy of the election of O'Neill as PM on August 2 was unconstitutional, O'Neill/Namah regime disposed Somare-Abal regime and got mandate from the Parliament on Dec 12 by an overwhelming majority. Since, Dec 12 after the verdict of the Supreme Court, they followed the processes of the law. Thus, they are the legitimate government. O'Neill should not vacant the PM chair. He is the legitimate PM.

My second argument is based the irresponsible behavior of Somare/Abal regime regarding Sir MTS heart operation. Sir MTS's heart had a heart failure after the decision of the leadership tribunal early in March 2011. He went to Singapore for medical attention. Evidence tabled in the Court shows that he had an open heart surgery. Medically, executing this kind of operation is a life-threatening one.  It should not have been kept secret! Yet Somare/Abal regime kept it secret among themselves. This is political strategy at work to suppress usurpation of power!

Since he was the serving PM, according to the constitution (section 142 (5) (c), it should have been invoked by NEC and Parliament in compliance with the constitution. However, the then NEC was acting contemptuously using its numerical strength by delaying the process of examining Sir MTS by 2 medical personnel. For almost six months Sir MTS was bed-ridden in Raffles Hospital, Singapore and was absent from PNG. During this period, the acting-PM continued to perform the duties of the PM which is quite unreasonable.

Several attempts were made by the then Opposition for the implementation of section 142 (5) (c) but the then government ruled as "out of order".  Further, the then Opposition lacked the numbers to arrest attention on the floor of Parliament and effect the process. With his medical condition, Sir MTS was granted leave of absence in one of May 2011 sitting. After a long complete silence, eventually, on 29th or 30th of July, the process was sanctioned by NEC. The GG was advised to appointed 2 medical personal to monitor Sir MTS without suspending him. This was the time he already had the open heart surgery and recovering from the operation.  This was a subtle move to validate compliance provisions of the constitution in section 142 (5) (c).

In my honest and respectable opinion, this is a bad precedent set by a regime that thirsts for greed and power! Besides, its arrogance to meaningfully engage in debates of national importance had been denied. In principle, under operations of the law, it operated as an illegal regime. Our citizens should not condone such conduct by the govt. They must be kept accountable at all times!

In fact, the Somare/Abal regime hijacked the constitutional powers for the election of a new Prime Minister (It was obvious given the severe medical condition of Sir MTS). Common sense should prevail that when Sir MTS went into the open heart operation or surgery, he was of unsound mind. (The judgment by Justice David Canning in the National Court and the reaffirmation by Justice Gibbs Salika in the Supreme Court judgment are explicitly clear on this issue). It is an indisputable truth! How on earth would someone have a sound mind during such circumstances. If it was a minor operation,  considerations should be given. But the truth remains to be told!

Further, given this scenario, I do not even trust the doctors in Singapore who unanimously proclaimed and summoned in Court that Sir MTS was of sound mind before, during and after the heart operation. That is a white lie....forgive me if I offend! I do not concur to offend anyone for the sake of justice. I dearly respect Sir MTS.  He is our hero of freedom and father of the nation.

One Country, you will also agree with me that this is not the first time such incident has occurred. Since the last 9 years of being in power, the Somare-Abal led regime have frustrated the processes of transparent and accountable governance, broke and manipulated the laws of this country and continued to thrive at the expense of its constituents.  As a result of many unpopular decisions, it has become an unpopular government. Statistics with the one of the dailies (The National) shows that in a popular opinion poll. In fact, the real evidence was shown by the general population when Somare/Abal regime was dethroned. There was not protests on the streets in favor of O'Neill/Namah regime.
What fascinates me is the way the Somare/Abal camp handled the situation of Sir MTS since his hospitalization. In essence, they have ignored the provisions of the constitution which requires the executive government to be accountable and transparent.  As a matter of fact, according to law,  NEC did not sanctioned 2 medical personal to examine the medical condition of Sir MTS.  By so doing, they frustrated the process to grip onto power and government.  My perception is that Somare/Abal regime was an irresponsible government. They did not care about the rule of law. All they wanted was to "buy time" and "hold onto power". Should we say "an illegitimate regime?"

With all these evidences behind us, quite contrary to views you advocate, let me suggest that Somare/Abal camp must leave its claim as a legitimate government despite the decision of the Supreme Court. If MTS camp was serious as a mandated legitimate govt, it should have gone to the Parliament and wrestle power from O'neill. Sir MTS and his camp continue to be cowards holed up in the comforts of Ela Beach hotel. No one will stop them from going to Parliament. After all, in Westminster democracy, it is the Speaker and GG who recognizes the legitimate PM and govt.

For goodness sake, let us not beat around the bush. Authur, Amet, Agiru and others who are rallying behind Sir MTS should show up rather than being cowards and barking like a dog in a hollow cave. They should stop holding the nation at ransom. Remember Somare/Abal regime is an unpopular regime. This country is bigger than Somare and his camp. We should let go and embrace peace!

In conclusion, with sincere respect, I fear that the allowance of Sir MTS to the chair of PM in Parliament would spark riots and strife across the nation. It seems likely that the masses would take law into their own hands. We have evidence of anti-Somare-Abal sediments around the country. By the way, we do not want to see bloodshed and anarchy. If we still persist for Somare/Abal's minority camp to rule, we are inviting the floodgates of hell and disaster.

Furthermore, we must have in mind that in the last five months of O'neill/Namah reign, the citizens of PNG have been given the best deal in education, better health, abolition of taxes to lower wage earners and the promise of a better future and etc. In a short period, they won the public confidence. There is no chaos, disorder or state of emergency. Our people are behaving.

Therefore, we should refrain from inciting public behavior.  We should not engage in discussions that would lead to disintegration and strife of our nation, and eventually disturbing the confidence of the investors in the country. Let common sense prevail!

Having said that, I wish both the Somare/Abal and O'neill/Namah camps a happy New Year. I also wish One Country and your family a happy New Year 2012.  We all must make PNG a better place to live. God bless PNG!

Johnson Kewa Remoli
School of Law/History
University of Chicago
United States of America