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Showing posts with the label Supreme Court

POLITICAL INTERFERENCE SEES CONTRACT OF NEW COURT HOUSE TO PM'S "WIFE" COMPANY

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PNGBLOGS The awarding of contract of the construction of the new Supreme and National Court Complex in Waigani worth K430 million is being heavily politicised and the awarding of the contract by NEC for unknown reasons has been delayed for two months now. Although It has been budgeted in the 2016 budget and planned to be completed before the APEC Conference in Port Moresby in 2018. The awarding of the contract went through the the bureaucratic process by going through the Central Supply and Tenders Board before being submitted to the National Executive Council (NEC) it's recommendation. The NEC submission in awarding a contract of the construction of the Supreme and National Court complex in Waigani is based on Supply and Tender Boards submission while in turn is based on careful and professional technical and financial assessment. CSTB have shortlisted 3 very qualified and experienced bidders that we're recommended to NEC. And they are in preference from 1- 3; 1.China Rail

THE NATIONAL’S EDITORIAL WAS BIASED

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by NEMO YALO*  The National (19.10.15) in its editorial labelled the Opposition’s move to bring a motion of no confidence against the Government as “premature”. Referring to the speculated motion of no confidence it opened with the line: “Has Papua New Guinea gone to the dogs?” This is a seriously preposterous and bias characterization of a healthy process of democracy. Whether a motion of no confidence in the Prime Minister is tabled or not and what the outcome will be if it is voted is a matter for Parliament. What must not go unchallenged is The National’s lopsided and politically biased editorial. The editorial attempted to demonstrate balance by quoting what the Opposition and its members said in a recent press conference and then quoted the Prime Minister’s response to the Supreme Court ruling on 4 September 2015 which nullified the so-called “grace period” Constitutional amendment. The invalidated constitutional amendment granted a government 30 months i

DIRECTOR OF FRAUD FORMALLY CHARGED

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by  BRYAN KRAMER   Director of National Fraud & Anti-corruption Directorate Mathew Damaru was formally charged by Police under Section 197 of Criminal Code for allegedly making a false declaration and statement. The provision is in the following terms; "(1) A person who, on any occasion on which he is permitted or required by law to make a statement or declaration before a person authorized by law to permit it to be made before him, makes a statement or declaration before that person that is to his knowledge false in a material particular is guilty of a misdemeanour." "Penalty: Imprisonment for a term not exceeding three years." "(2) A person cannot be convicted of an offence against Subsection (1) on the uncorroborated testimony of one witness." The charges relate to Contempt of Court proceedings filed against the Commissioner of Police Gary Baki by Damaru and his Deputy Director Timothy Gitua. Both Damaru and Gitua filed the pro

SUPREME COURT RULES AGAINST MARAPE AND PM'S APPEAL

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Supreme Court today dismissed the appeal by Minister of Finance James Marape challenging an earlier decision allowing Director of National Fraud & Anti-Corruption join the Supreme Court proceedings that issued a interim injunction against Marape and Prime Minister's arrest. Marape's appeal to remove Damaru and Gitua was supported by the Prime Minister, Commissioner of Police and Attorney General and Paraka Lawyers. Damaru and Gitua were granted leave (permission) in March 2015 by Supreme Court Judge Terrence Higgins. Supreme Court proceedings were initiated by Marape challenging an earlier decision by the National Court in July 2014 refusing Prime Minister and Marape's application seeking an interim stay order from the Court preventing Police from arresting them in relation to fraudulent payments to Paraka Lawyers. After filing the SC proceedings Marape and Prime Minister then moved a further application asking SC to stay their arrest until the SC determines their app

PM MISLEADING AGAIN WITH RESPONDS TO COURT RULING

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by BRYAN KRAMER The Prime Minister's office released a media statement " Prime Minister Hon. Peter O'Neill Highlights the Importance of Political Stability - Notes Supreme Court Decision on Constitutional Amendments" Author of the press statement said the Prime Minister has received the Supreme Court ruling and parties respected the decision but it is important that the reasons behind the amendments are understood as it is an issue that will likely return again in the future. "This legislation was designed to further enhance the stability in the Government of the nation,” Prime Minister Hon. Peter O’Neill said. “This was for current and future Governments. “It should be noted that since the passing of the integrity law that came into effect in 2002, and these further amendments in 2012 and 2013, the country has enjoyed sustained economic growth averaging 8 per cent. “This is largely because of the political stability that is in our country. "As

SUPREME COURT RULES AGAINST O’NEILL GOVERNMENT

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by BRYAN KRAMER Full bench (5 Judges) of the Supreme Court chaired by the Chief Justice Salamo Injia has upheld former Ombudsman Commission Ila Geno and former Opposition Leader Belden Namah applications challenging the O’Neill Government’s amendments to Section 145 of Constitution relating to a motion of no confidence. Section 145 of the Constitution provides Parliament the power to move a motion of no confidence to remove the Prime Minister; his entire Cabinet (Ministers) or any individual Government Minister. The provision or section sets out the strict procedure or criteria to invoke these powers; which includes the grace period to which a motion of no confidence is prohibited (restricted), notice period required and number of MP’s needed to endorse or sign the notice of motion before Parliament can consider it. Before reporting the specific findings of the Supreme Court ruling I thought it appropriate to first provide some background context and history to help understand the i

COMMISSIONER QUERIES CONFIDENTIALITY OF POLICE INVESTIGATIONS BEING POSTED ON SOCIAL MEDIA

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by BRYAN KRAMER Today's post Courier ran a front page story suggesting the Commissioner of Police Gary Baki is querying how confidential investigations by National Fraud & Anti-Corruption ended up being posted on Social Media. The daily paper quoted Baki having concerns as to why there was a need to go to media on public matters which are supposed to be confidential police investigations. He added that the actions of Mr Damaru and Mr Gitua undermined the integrity of the office of the Commissioner of Police. "This is a serious breach of discipline and amounts to insubordination. In fact they are treating the office of the Commissioner of Police with contempt. Why wasn't I briefed prior to the securing of the warrant of arrest?" Mr Baki said. "Why wasn't I briefed in the three days prior to my directive for the briefing after having read this matter on Facebook?" he said. In response I would like to clarify that I never obtai

ITS SOMARE! COURT ORDERS SOMARE TO BE RESTORED AS PM

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Removed as MP but is he back? The Supreme Court of Papua New Guinea has given the O'Neill/Namah Government a major blow after it ruled this afternoon that the actions of the August the 2nd was unconstitutional and that there was no vacancy in the position of Prime Minister Sir Michael Somare. 3 out of 5 judges say there was no vacancy in PM's office and election of O'Neill was unconstitutional At this stage it is not sure what will happen to this government, whilst the court was in full bench ruling on the case, over at Parliament there was only one member of the opposition and the full government bench with the back-benchers debating the National Budget handed down last week. Reports are are sketchy at this stage but at this stage there is likely to be a show-down between the Judiciary and the Legislative brances of the government to interpret the ruling. In other developments, it was reported on overseas media that the Papua New Guinean government has passed a series of

ITS SOMARE! COURT ORDERS SOMARE TO BE RESTORED AS PM

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Removed as MP but is he back? The Supreme Court of Papua New Guinea has given the O'Neill/Namah Government a major blow after it ruled this afternoon that the actions of the August the 2nd was unconstitutional and that there was no vacancy in the position of Prime Minister Sir Michael Somare. 3 out of 5 judges say there was no vacancy in PM's office and election of O'Neill was unconstitutional At this stage it is not sure what will happen to this government, whilst the court was in full bench ruling on the case, over at Parliament there was only one member of the opposition and the full government bench with the back-benchers debating the National Budget handed down last week. Reports are are sketchy at this stage but at this stage there is likely to be a show-down between the Judiciary and the Legislative brances of the government to interpret the ruling. In other developments, it was reported on overseas media that the Papua New Guinean government has passed a ser

PRIME MINISTER CONTEMPT YET AGAIN

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By: SAM  BASIL MP The Prime Minister caused the Publication of the National Ministers constitutions the NEC and their respective Responsibilities in the National Gazette on Thursday 3'd March 2011, National Gazette No. G57 of 2011. In the publication, particularly Schedule 30 provides that Patrick Pruaitch as the Minister for State Assisting the Prime Minister. This is in direct contempt of the Orders of the Supreme Court in the case of Pruaitch v Manek [2010] PGSC 7;SCl052 (31 May 2010) where the Supreme Court declared that the leader was automatically suspended when the charges were served on the Tribunal. The highest Court of the land constituting Kirriwom J, Gavan-Nanu and Davani JJ declared that the leader was suspended forthwith. How could the PM then appoint him to be a minister of his cabinet?   The Tribunal is yet to hear the case against Mr. Pruaitch and as far as I could recall, there was no Court Order setting aside the Supreme Court Orders. Until the Tribunal finally d

PRIME MINISTER CONTEMPT YET AGAIN

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By: SAM  BASIL MP The Prime Minister caused the Publication of the National Ministers constitutions the NEC and their respective Responsibilities in the National Gazette on Thursday 3'd March 2011, National Gazette No. G57 of 2011. In the publication, particularly Schedule 30 provides that Patrick Pruaitch as the Minister for State Assisting the Prime Minister. This is in direct contempt of the Orders of the Supreme Court in the case of Pruaitch v Manek [2010] PGSC 7;SCl052 (31 May 2010) where the Supreme Court declared that the leader was automatically suspended when the charges were served on the Tribunal. The highest Court of the land constituting Kirriwom J, Gavan-Nanu and Davani JJ declared that the leader was suspended forthwith. How could the PM then appoint him to be a minister of his cabinet?   The Tribunal is yet to hear the case against Mr. Pruaitch and as far as I could recall, there was no Court Order setting aside the Supreme Court Orders. Until the Tribunal fin

NAPE UNLAWFUL, SIR PAULIAS APPOINTMENT VOID, BLOW FOR SOMARE

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AAP All instruments Matane signed are void Papua New Guinea's Supreme Court has ruled the reappointment of the country's governor-general was unconstitutional and invalid. Controversy surrounded the June installation of Sir Paulias Matane, who critics said was appointed by the government despite numerous breaches of parliamentary process. On Friday, the full bench of the Supreme Court unanimously ruled that the appointment was unconstitutional because Sir Paulias was not selected after a secret ballot in parliament. Advertisement: Story continues below The court found Speaker Jeffrey Nape acted unlawfully by presiding over parliament at a time he was acting governor-general. "Sir Paulias shall cease to hold office as GG at 12 midday on Dec 2010," the court declared. "As soon as practical call a meeting of parliament to nominate the next governor-general, within 40 days of this order." Outspoken opposition member Sam Basil told AAP the Sir Michael Somare-led

NAPE UNLAWFUL, SIR PAULIAS APPOINTMENT VOID, BLOW FOR SOMARE

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AAP All instruments Matane signed are void Papua New Guinea's Supreme Court has ruled the reappointment of the country's governor-general was unconstitutional and invalid. Controversy surrounded the June installation of Sir Paulias Matane, who critics said was appointed by the government despite numerous breaches of parliamentary process. On Friday, the full bench of the Supreme Court unanimously ruled that the appointment was unconstitutional because Sir Paulias was not selected after a secret ballot in parliament. Advertisement: Story continues below The court found Speaker Jeffrey Nape acted unlawfully by presiding over parliament at a time he was acting governor-general. "Sir Paulias shall cease to hold office as GG at 12 midday on Dec 2010," the court declared. "As soon as practical call a meeting of parliament to nominate the next governor-general, within 40 days of this order." Outspoken opposition member Sam Basil told AAP the Sir Michael

SOMARE MUM ON FUTURE

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OSEAH PHILEMON Papua New Guinea Prime Minister Grand Chief Sir Michael Somare has not made any announcement yet as to his political future and who is likely to succeed him if and when he decides to retire officially from politics. This is despite the much anticipated announcement coming from the highlands where he was visiting recently. All the hype about the eminent changeover of leadership in the ruling National Alliance Party that dominated Papua New Guinea’s political landscape for weeks leading to a political blood bath in Port Moresby seemed to have dried up—at least for now—as opposing parties retreat to their corners to plan their next move. The National Alliance Party was to have had a conference in the newly-created province of Jiwaka in the central Highlands but that conference was suddenly postponed. But no new dates of the meeting has been set. Jiwaka is the home of the National Alliance President Simon Kaiwi who is vying to contest the seat of governor in the 2012 electi

SOMARE MUM ON FUTURE

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OSEAH PHILEMON Papua New Guinea Prime Minister Grand Chief Sir Michael Somare has not made any announcement yet as to his political future and who is likely to succeed him if and when he decides to retire officially from politics. This is despite the much anticipated announcement coming from the highlands where he was visiting recently. All the hype about the eminent changeover of leadership in the ruling National Alliance Party that dominated Papua New Guinea’s political landscape for weeks leading to a political blood bath in Port Moresby seemed to have dried up—at least for now—as opposing parties retreat to their corners to plan their next move. The National Alliance Party was to have had a conference in the newly-created province of Jiwaka in the central Highlands but that conference was suddenly postponed. But no new dates of the meeting has been set. Jiwaka is the home of the National Alliance President Simon Kaiwi who is vying to contest the seat of governor in the 2012 ele