DR ERIC KWA PNG ATTORNEY GENERAL AND CORRUPT STATE LAWYER


by JACIN PERAKIN

Three Prime Ministers including the Father of PNG, Sir Michael Somare, have, over the past 40 years, effectively congealed to destroy what could have been a bright future and equal opportunity for the people of Papua New Guinea following independence.    

As such, the noble ideals articulated by Somare and other members of the legendary Bully Beef Club during their many gatherings prior to Independence, and articulated in the Constitution's Six Directives, were never fulfilled and today are essentially abandoned.   PNG's sad progression downwards has produced its current state of rampant corruption.  

Like Nigeria, like Mexico, like Indonesia, all fabulously wealthy nations in terms of natural resources, the wealth has gone nowhere useful in PNG.   PNG drags the bottom in global rankings today in terms of how little meaningful integral human development has occurred for the majority of its population. Thus far, the advent of cell phones and other modern technology that has reached deep into remote areas has not reversed this sad trend despite their potential.   

The destruction of national dreams and hopes can be traced to the combined leadership and interactions between 3 Prime Ministers:   Somare, Chan and Peter O'Neill.  Together they have combined, never formally and certainly not purposely, to create a recipe for national development disaster that today affects the country.  The rampant state of corruption in the country today doubtfully would have occurred had any one of these 3 links been missing.

Among senior state servants who serve this government, DR ERIC KWA is the current Secretary for the Department of Justice and Attorney General. Dr Kwa holds a PhD in Environmental Law (LL.D) from the Auckland University, he was the Chief Executive Officer of the Papua New Guinea Constitutional and Law Reform Commission (CL&RC), a position he held for 7 years. before he got appointed into the position he now continues to abuse at the Department of Justice and Attorney General.

There are number of allegations which have credible evidence of misconduct in public office which were posted in the social media in the recent past which are adequate to institute prosecution proceedings against secretary Dr. Kwa. Parts of these series of articles with original statements and receipts have been distributed to a number of agencies in authority to take relevant action, they  include;

1. Withdrawal of Section 32 Authority from Branch Heads including Deem
Department Heads

Under the Governments Program Budgeting system, Activity managers assume the Section 32 authority to manage funding in line with their devised work plan and authorize expenditures relating to implementation of the annual work plans.
Dr. Kwa, however saw fit to withdraw and assumed the Section 32 authority, established a Budget Steering Committee to assess all the requests for payment before his Section 32
approval. The Committee serves no purpose as there are instances where payments relating to his own expenditure are not being assessed by the committee, particularly payments relating to his family accommodation at the Gateway Hotel.
His action is deemed as instigating fraud as there is no check and balance to qualify his Section 32 approvals for his own expenditures. To be transparent there should be an alternate section 32 authority holder.

2. Contract Gratuity Allowance Paid in Advance

Dr. Kwa became the Secretary in November 2018. In January 2019 he directed the Human Resource Manager to advance his contractual gratuity payment well before he executed his Departmental head contract and the due date in November 2019. Again early 2020 he directed for his contract gratuity advanced to him to pay for his children’s school fee. His action to influence these payments outside the leader’s determination amounts to abuse and misconduct in office.

3. Introduction of Selective Service Providers

One of the ambiguous business practices is the introduction of selective service providers and binding them with service level agreements. This sort of business practice may appear to serve the interest of the Department; nonetheless it encourages nepotism and corruption to some extent.
The Government’s focus is to promote SME in the country, DJAG under the leadership of Secretary Dr. Kwa is not willing to empower the growth of SME, instead encouraging selective service providers associated to him one way or the other, undermining the GOPNG standard procurement processes and procedures contained in the Public Finances (Management) Act. Dr. Kwa really needs to justify such irregularities to the authorities concerned.

4. Misapplication of Public Funds

The Annual Budget Appropriation to each agency is appropriated based on the annual work plan for the preceding year. And the Goods and Services component of the budget assists to meet all the operational costs from office up keep to other critical and essential areas.

Dr. Kwa assumed that a K1.4 million was savings, (unused funds) from the G&S Budget and directed the Department’s Financial Management Branch (FMB) in consultation with the Treasury Department withdrew and diverted these funds to purchase four (4)Toyota Land Cruiser 10 Seater vehicles for certain selected departmental provincial offices.( Lae, Madang, , Goroka & Kokopo).
Withdrawal and diversion of the Goods and Services appropriation to other unbudgeted expenditure areas is defined as misapplication of public funds in this case. As a result of this action the department was crippled and had no funds to pay for the planned costs; therefore all anticipated expenditures for 2019 had to be carried forward to 2020 financial year of which a massive budget deficit is anticipated for this year.

Tomorrow..Running my own Family business at the AG Office

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