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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

THIS PARLIAMENT — AND THE NEXT?

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James Macpherson, Eric Kwa and Ray Anere    Crisis  Political climate change can create a political cyclone. Controversies over parliament’s election of the Governor-General, votes of no-confidence, environmental legislation, integrity of political parties, and infrequent meetings of parliament are political climate changes. Parliament risks unconstitutionality and irrelevance. This could be the cyclone. Opportunity Parliament has been adjourned to 10 May 2011 so that maintenance work can be done. This long period could be used by leaders to debate steps for defining electorates that will create a consti¬tutional, representative, and effective parliament after the 2012 National General Elections. How¬ever, will they? Storm Clouds Unconstitutional Elections for Provincial Electorates A stable government requires a parliament that is defined by its Constitution. However, provincial Members of Parliament (MPs) throughout the country are currently holding of¬fice in breach of the Constitu

THIS PARLIAMENT — AND THE NEXT?

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James Macpherson, Eric Kwa and Ray Anere    Crisis  Political climate change can create a political cyclone. Controversies over parliament’s election of the Governor-General, votes of no-confidence, environmental legislation, integrity of political parties, and infrequent meetings of parliament are political climate changes. Parliament risks unconstitutionality and irrelevance. This could be the cyclone. Opportunity Parliament has been adjourned to 10 May 2011 so that maintenance work can be done. This long period could be used by leaders to debate steps for defining electorates that will create a consti¬tutional, representative, and effective parliament after the 2012 National General Elections. How¬ever, will they? Storm Clouds Unconstitutional Elections for Provincial Electorates A stable government requires a parliament that is defined by its Constitution. However, provincial Members of Parliament (MPs) throughout the country are currently holding of¬fice in breach of the Co

Hearing Lacks Quality

SPROX WALKER I was one of the many people who attended the lea­dership tribunal of Prime Mi­nister Sir Michael So­mare in court room 1 at the Waigani National Court premises recently. As a layman, I understand the different functions of the office of public prosecutor and the Om­budsman Commission. I also understand what the tribunal is and the purpose for its set-up and its conduct of the proceedings. During the course of the tribunal, three issues surfaced and I am troubled by them. First, the composition of the tribunal. Whilst I have no doubt about the academic and professional experiences of the members, I am disturbed by the quality of questions raised during the proceedings. These questions would not have risen if we had our own judges presiding. For the tribunal to understand the crux of the matter before them, they need to have a fair understanding of the constitutional planning committee report (CPC), the Constitution, relevant Organic Laws and enabling legislations. The coun

Hearing Lacks Quality

SPROX WALKER I was one of the many people who attended the lea­dership tribunal of Prime Mi­nister Sir Michael So­mare in court room 1 at the Waigani National Court premises recently. As a layman, I understand the different functions of the office of public prosecutor and the Om­budsman Commission. I also understand what the tribunal is and the purpose for its set-up and its conduct of the proceedings. During the course of the tribunal, three issues surfaced and I am troubled by them. First, the composition of the tribunal. Whilst I have no doubt about the academic and professional experiences of the members, I am disturbed by the quality of questions raised during the proceedings. These questions would not have risen if we had our own judges presiding. For the tribunal to understand the crux of the matter before them, they need to have a fair understanding of the constitutional planning committee report (CPC), the Constitution, relevant Organic Laws and enabling legislations. The

Sandline crisis . . . 14 years on

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Major General JERRY SINGIROK MBE (Rtd) It has been fourteen years to this day when under my command as Commander Papua New Guinea Defence Force made a conscious decision, not only to abort the Sandline Contract “Contravene”, but also to expel Sandline mercenaries out of PNG and subsequently ask the then Prime Minister, his deputy and the Minister for Defence to resign. Historians and many commentators have marked this event as a major crisis in PNG history. However in the main it was a result of series of blunders on the part of the executive arm of the Government and policy advisor who had far ulterior motives other than addressing genuine plea for increased benefits for the landowners and the Bougainville Provincial Government. The result was a significant shift in the security decision making thus affecting national security within the context of protecting PNG’s national interest, subsequently unleashing the contract by the grieving party which was me as Commander and a handful of