PNG Should break up into states if the Constitution is deemed useless by this regime

Peter ONeill has this last week embarked upon a new theory in Papua New Guinea Constitutional law. He has unilaterally declared 'Parliament has oversight powers' over the Judiciary.

That is NOT TRUE. Parliament does not have any such overriding powers as Peter ONeill declares. The Constitution does not give Parliament any such power.

The Constitutional Planning Committee never gave Parliament any such power as Peter ONeill contends. What they reduced to writing ultimately in the Constitution does not give Parliament any overriding or even supervisory powers as Peter ONeill in his whistful thinking would like us to believe.

This is another lie. Another of the many lies and deceptions that has been played upon the unsuspecting people  of this nation since the great steal on 2nd August 2011.

The people of Papua New Guinea have now realized that the O'Namah government is an illegitimate government. They are all consumed by their hunger for power. They are so consumed by their desire to steal as much of the public funds as possible. In the period between 2nd August 2011 and 30th November 2011, a period of 4 months, Peter ONeill and his Ministers illegally stripped the people of Papua New Guinea of over K600 million. These were unbudgetted expenditure that were not appropriated in the proper manner as outlined under the Public Finance Management Act. This was all illegal expenditure. Most of the money was stripped by Peter ONeill through the Department of Planning for mostly fictituous projec t of projects that were not going to take off. In other words they were political projects.

The Constitution of Papua New Guinea is a finely balanced document. It sets up the three arms of government and gives each their specific powers, functions  and roles. The Parliament's principal role is to make laws and the Judiciary interprets the law and the Executive implements or executes the laws. These powers are specific and each is exclusive of the other but are expected to be respected and balanced to opertae in an independent manner.

In other words, Parliament is not superior to the Executive or Judiciary, nor is Judiciary superior to the Parliament. Parliament has the role and function to make laws for the good governance of Papua New Guinea under the Constitution. Laws like the Judicial Control Act are laws made by parliament exercising its law making powers. However,, the Courts role is to intrepet the law and determine if what Parliament passes does accord with the Constitution and the laws of the country and the civilized countries. If the Courts interprets that the law offends the Constitution or is otherwise unlawful, then it performs its function.

You see Parliament can pass any type of law it may choose to pass. Not all laws it passes will be correct and not all laws it passes will be for the good governance of the nation. The fathers of our Constitution have anticipated the day when rogues thieves and vagabonds will prevail in the hallowed halls of Parliament. That is why the fine balance is struck with the Courts having the supervisory power over Parliament BUT only with the good government of this nation as the deciding factor.

In contrast to this Parliament has not been given any more or any greater power, including the so called 'OVERSIGHT POWERS' that Peter ONeill speaks of. That is a fantasy or figment of Peter ONeill's imagination. Parliament does not have such powers. It has law making powers- period!

Lawyers trained in the Australian law should know that their Constitution is a crap piece of document. It was historically a document to regulate interstate ( inter-colony & territory)  power and trade. It does not have anything like the PNG Constitution which outlines the 3 arms of government and sets out how they function and relate to each other. It does not have a lot of features like a fully codified bill of rights along the lines of the Universal Declaration of Human Rights and as set out under international law.  Those lawyers schooled in their formative years under Australian Constitutional Law and not under PNG Constitutional law, do not, and in most cases cannot fully understand the finer nuances and how the 3 arms of government are held together in a fine balance by our Constitution.

Whilst the black and white print in one aspect of our Constitution, the other more important aspect of our Constitution is the the human compliance and adherence aspect. Our systems and our laws can only be what we deem them to be. If we do not comply, then we operate in disharmony.

What the Australian Constitution lacks in specifics and details, the High Court over the years has employed various ingenious tools of statutory interpretation to create implied powers and implied rights. In respect of the specific subject of the Power of Parliament ( for that matter the 3 arms of government) they have relied on Westminster convention to deem Parliament superior. It dates back to the days of people like Henry the Fifth, when Parliament and the monarch fought over who was superior. Parliament won out. The precedent has been set, and the cannon laws and the cannon courts and the Courts of exchequer and the Kings decrees all had to be subjected to Parliaments ultimate power and reign.

The Australian Constitutional tradition and convention is based on British approach which is to deem Parliament as having 'overiding or oversight powers'.

That is why Julia Gillard thought, notwithstanding that the Supreme Court was still deliberating on the legitimacy of the ONamah government, that Parliament was superior. She got it all wrong.

That is why Lawyers like Tiffany Nongar advising the ONeill government, being trained in the Australian system and tradition do not understand what they are dealing with and or talking about and consequently end up giving flawed advice. Indeed for Peter ONeill to even be advised that  he has ( as Parliament) supervisory powers over the Judiciary is dilussionary, and amounts to interfering with the Independence of the Judiciary, thereby unconstitutional.

The country needs to know that the emergency powers under the Constitution are only to be invoked in specific situations and to perform specific functions. These are not supervisory powers or oversight powers of Parliament as such. To deem them as such is an absolute abuse of Power. Emergency Powers are to assist the government to avert a natural disaster or for purposes of resoring order to society. It must still pass the good government test. The ONeill government cannot just pass emergency laws to perpetuate itself or politically entrench itself. That is pure selfish politics. It does not pass the goood government test for good law making.

Equally the ONeill government cannot simply use its position and parliament to pass laws to hold on to power, and discredit the Judiciary to prevent it from checking on both Parliament and the executive government. That is an abuse of the law making powers of Parliament.

What we have witnessed so far is very clear. The ONeill government has been declared by the Supreme Court to be illegitimate on 12th December 2011. since then they have been doing all manner of things, including discrediting the Chief Justice, sacking him, discrediting other senior Judges and simply obfuscating issues by throwing mud at the judges to buy time to stay in power. The Judicial Control Act is just one of those measures of obfuscation.

But the Supreme Court had seen through the antics of ONeill and Namah and have gazzumped them. Whichever way you looked at it, what Onamah has been doing was always illegal and unconstitutional in so far as it has challenged the judges and tried to attack and destroy the judiciary. It is more than illegal. It is unconstitutional. And it is more than that, it is absolutely contemptuous of the Supreme Court.

Whilst the legitimacy of the O'Namah government has been the subject of pending Supreme Court References, the conduct of Peter ONeill as Prime Minister in challenging the Judiciary with lies and dirty mud slinging tactics has been nothing short of blatant breathtaking contempt of court.

The Judiciary has every right to order the arrest of Peter ONeill, his entire Cabinet and even every individual MP and jail them. There is nothing special about these guys. When they all get in a huddle at the Haus Tambaran at Waigani, that does not give them extra-ordinary powers as the Speaker wants us to believ. It just a building, andthy are just a bunch of ordinary guys pretending to be powerful.

The real power resides with the people, not Peter ONeill who has been declared by the Supreme Court to be illegitimate Prime Minister.

Parliament (including the Speaker) exercises the peoples legislative power. Legislation to challenge and interfrere with the independence of the Judiciary is an abuse of the people's legislative power. Such legislation by a government whose legitimacy is before the courts is again an abuse of the legislative power of the people. To the extent that this law is not for the good government of PNG, (which is the case),  it is unlawful and constitutional.

It is an abuse of the legislatie power of the people if Peter ONeill imagines he has more power ( as Parliament) than he actually does. Parliament has no oversight powers. Peter ONeill is lying to the people when he says he does have those powers.

The nation, every citizen, must now rise up and reject the stupidity and great embarrassment that the ONeill-Namah government is to us. Peter ONeill is a lier. He is lying to the people. He has told too many lies in such a short time.

We must get rid of the ONamah government to restore democracy, and our own pride and dignity as a people. We are fast being in danger of being the greaest laughing stock of the world with the lies and the stupidity that ONeill & Namah have become known for.

The elections must be held as per normal and let the people decide in a fair open and transparent way who their leaders will be. That is the only hope we have of healing this nation and building a truely modern democracy.

The other option is, we fragment the nation, and form say 5 new regional governments or counries. Most of us dont want to live under stupid greedy and selfish Leaders like Peter ONeill and Belden Namah. If they dont respect the laws and the Constitution, then why should the citizens of this country? We must decide and break up this nation into workable parts. All it needs is several PEC Decisions from several provincial governments. Let ONeill go and be the Prime Minister of Ialibu Pangia. Lets break the nation up!


PAUL KOMBEN

Comments

  1. laws made in parliament should work in harmorny with the constitution, thats why we have electd reps there to make good laws for the people. its time we show this bunch of idiots who's superior. parliament or people. if o'namah regime wants to use the so-called oversigth powers than we will use the PEOPLES POWER.

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  2. We should be careful not to destroy our national unity as created under the Constitution.

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  3. By the way, do we have an ombudsman commision.. U know, the watch dog that keeps an eye on leaders. Peoples power now or never.

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  4. Forget about this toothless, blind, clawless and frail looking dog. It barks when there,s no thief and it still growls even when theres sufficient bone. Under current leadership I hesitate to call the them Ombudsmen except Ambushmen. It's continuos silence has ambushed the very people it supposed to protect! !!!

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  5. Vote all those mps out and replace with fresh mps.

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  6. All prov'l govt should review their laws, take the Nat'l govt 2 court, run their elections to conform wit the png constition.

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  7. am fed up with all crooked decisions, and laws made up by these crook at the "Evil Poret Haus"..
    My province must break away and become a country of its own. Am prepared to be the first president of my new country.

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  8. To hell with the constitution! I personally want Peter Oneil to reign for 20 years until PNG develops like Singapore.
    They should go one step further by developing parliament into a single party system like the one communist party. Did you ever read about the greatest Chinese miracle where 300 000 000 Chinese were rescued from poverty.

    Too much democracy is not required right now for PNG.

    Someone should rule with iron fist until we are prosperous to prticipate in a fully fledged democratic society.

    Lets try and adopt the Chinese political model.

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  9. You hit the nail on the head! I am fed up being plagued by infectious diseases and hunger. We need a better system. Current political model is raising help for many of us.
    PNG needs a good dictators to push things quickly.

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