PNG'S CORRUPT ATTORNEY GENERAL PART 4


This is a brief which highlight
  the Secretary’s performance against his employment contract which demands him to be accountable to the Government in a number of activities which form part of Key Performance Areas (KRA) as per his employment contract, thus assessment to that effect is provided hereunder;

·      The Secretary for Justice and now the Attorney General executed his performance based employment contract  in October, 2018,  contains  seven (7) Key Result Areas (KRA) which  he has  to achieve in  his term of contract which are listed below;

1.      A Refocused and Revitalized Village Court System.

2.      A Revitalized Crime Prevention System.

3.      Strengthened Communication and Information Management System.

4.      Integrate and Professionalism in our business.

5.      Infrastructure and Capital Works Program.

6.      Strategic leadership to the Social and Law & Order Sector (SLOS) working arrangements.

7.      Facilitate the SLOS Legislative Program.

·      The Secretary is required to ensure the  Seven (7) KRAs’ or these deliverables  which are also contained in the Department’s Corporate Plan, 2019 to 2023 are monitored  and evaluated at his level through the branches taking carriage of these responsibilities includes;

1.   Village Courts & Land Mediation Branch.

The Village Courts & Land Mediation Branch is responsible to implement the Secretary’s new idea – A refocused and Revitalized Village Court system through the development and implementation of Village Court improvement program as one of the Key Result Area. The planned activities that would realize this KRA are quite multiple, however those that are considered significant and measurable includes;

·         Better coordination and working relationship with provinces and district in line with Gradative Decentralization policy, in particular ENBP, NIP and Enga Provinces.

·         Build Village Court houses for effective monitoring, supervision and reporting on Village Courts and Land Mediation operation.

The list of activities to achieve the KRA reflects the way forward to positive changes to the village court system in complementing the Government initiative to reduce law and order issues at District and Provincial levels; however the Secretary still need to commence his journey, meaning that no work has commenced in these areas since, from 2019 to 2020. What is now visible and realized are works inherited from the past Secretary; who was able to embrace the Government’s initiative, devised very objective work plan in anticipation for positive outcome.

2. Crime Prevention & Restorative Justice Branch

The Crime Prevention & Restorative Justice Branch is charged with the responsibility to implement the Secretary’s new initiative reflected as KRA.2, - Revitalized Crime Prevention System through a revitalization crime prevention system to include and not limited to;

·           Creation of a Division - Crime Prevention which will be responsible for initiating polices or strategy, coordination sector and cross-spectral program that prevent, reduce and manage crime.

·           Monitor, Coordinate and provide strategic guidelines to crime prevention initiatives in partnership with other government agencies and external stakeholders.

·           Provide oversight of the construction of Community Justice Services Centres (CJSC) in partnership with respective District Development Authorities (DDA) and develop operational guidelines for each of the centers.

The Secretary successfully got the approval from Department of the Personnel Management to create a new Division- Crime Prevention & Restorative Justice Coordination Division last year. This Division would be responsible for the production of reports and statistic on the type of crime caused in District and Provincial Centres and identifies and provides alternate solution. This would in fact support the Government to forecast on how law and order issues can be address in the Province and District level.

Really, there was no need to create a new Division while we already have Justice Administration Division which is responsible for Crime Prevention & Restorative Justice Branch, Probation Service Branch and Juvenile Justice Branch and Village Courts & Land Meditation Branch whose roles and responsibilities are very similar. All we need to do is to increase the capacity and empower the coordinating Branch- Crime Prevention & Restorative Justice Branch with the necessary resources.

The Crime Prevention & Restorative Justice Branch who plays the bridging role to partner with respective District Development Authorities (DDA) in the Districts, DJAG have constructed Community Justice Service centres in Angoram District, Ambunti District, Wosera/Gawi District, Ialibu/Pangia District, Bogia District and some more which are in their final stage of completion.

This program was initiated by the former Secretary, strategically to coordinate crime prevention program and bring law & justice service down to the District level. And in fact these centres are equipped with court room facility which provides the venue for mediation or village court hearing and National Court sittings at the District level.   This is a good program; however the current Secretary- Dr. Eric Kwa is not adequately supporting it by having concept documentation in place to effectively carry-out the crime prevention programs through these centres as a result the Coordinators appointed are unable to discharge their duties effectively.

3. Information Management Branch

The Information Management Branch of the Department is responsible for the Implementation of the Secretary’s KRA.3- Strengthened Communication and Information Management System through improvement of the existing system to meet the need of the Department business practices includes;

·         Modernized business systems and process

·         And improve communication connectivity between Provincial and District offices.

The Department of Justice & Attorney General is a lead agency and its responsible to support the Government initiatives to contain law and order to a minimal level across the country through creation of new programs. KRA.3- Strengthened Communication and Information Management System is essentially important for DJAG as the lead agency who is at the forefront providing litigation service and  justice services  is required to  have real time data and statistics generated through a compatible information system.

In 2020, through PIP Budget DJAG was allocated K2 million for ITC improvement and connectivity with the Provincial operation and other areas. This funding was expended on  areas of less importance which the Secretary and the coordinating Branch will have to report on.

4. Human Resources Management Branch

The Human Resources Management Branch is responsible for the implementation of KRA.4 – Integrity and Professionalism in our business through adoption of a Total Quality Management approach, these includes;

·         Strengthened executive leadership, Cooperate governance system and processes.

·         Accountability and Transparency

·         Modern HR practices

·         Effective Training and Professional Development programs.

 Through the oversight of Secretary,  Human Resources Management Branch is responsibility to ensure  the  above deliverable which are consistent with his  employment contract together the Departments Cooperate plan 2019-2023 are achieved within his term in office.

The Secretary for Justice and Attorney General who assumed himself to know everything, failed to observed key regulation stipulated in the PS General Order has made some un common decision with the view to strengthened executive leadership, Cooperate governance system and processes have displaced productive officers and recruiting non- public servants who total liability to the Department.  This is not accountability and Transparency.

5. Infrastructure and Capital Works Program

The Assets and Facilities Management Branch is responsible to implement the Secretary’s KRA.5 – Infrastructure and Capital Works Program through provision of secured and conducive high performance working environment through construction of;

·         New Provincial offices in 22 Provinces;

·         Community Justice Services Centre (CJSC) at selective Districts;

·         Village Courts houses at the provinces and Districts in line with the Gradative Decentralization policy  in particular, ENBP, NIP and Enga Provinces;

·         Juvenile rehabilitation centres;

·         Institutional houses.

The Infrastructure and Capital Works Program which forms Secretary’s KRA.5 was initiated by the former Secretary in 2015. Through this program under the oversight of the then Secretary  the Department was able to build and complete 18 projects which comprised of Provincial Office complexes, staff accommodations, Community Justice Service Centre (CJSC) and  Juvenile Rehabilitation Centres. Furthermore,  there are  four (4) CJSC building projects ongoing which were carried forward from 2019 which are expected to be completed in the 1st quarter of 2021.

The CJSC Building program is counter funded by respective District Development Authorities (DDA) as per NEC Decision of 2017. Consistent with this arrangement the DDA for Kanep and Ijivitari Districts had provided K400,000 each as their counter funding in 2018 and 2019 for the construction of CJSC buildings in their District, however these two (2) project have not commenced todate. It clearly demonstrate that the Secretary is not providing oversight of  this program

The Secretary for Justice & Attorney General, Dr. Eric Kwa misunderstood in particular the context the CJSC program and has decided to incorporate some of the functions of Magisterial Services without proper consultation. The introduction of the  court registry to the  existing structure which purported to undermined former Secretary’s good work which was  not researched properly inflicted  more cost ,thus overrunning the budget for this activity and consequently, all these projects were not completed  and had  to be carried  forward to 2020 and 2021.

K1 Million was allocated through the 2020 PIP Budget for construction of Village Court houses at the provinces and Districts in line with the Gradative Decentralization policy  in particular, ENBP, NIP and Enga Provinces. No single village court houses had been built in these Provinces while Secretary continued to committed his time travelling to these provinces for consultation purposes

6. Office of Secretary & Team

 The Office of Secretary is the Secretariat responsible for the Secretary’s KRA. 6 – Strategic leadership to the Social and Law & Order Sector (SLOS) working arrangements, Law and Justice National Coordination Mechanism (NCM) and CACC. The performance indicators for this particular KRA would include;

 ·         Enhanced whole of Government (WoG) Coordination and greater collaboration for effective programs/projects delivery.

 

The Secretary for Justice is mandated to provide guidance and leadership as the chief legal advisor to the Government. The Law and Justice National Coordination Mechanism is a sector wide committee which is represented in both Provincial and National level. The Secretary is the Chairman to this Committee; however in 2019 more emphasis went Social and Law Order Sector where no tangible result was seen.

 7. Office of Secretary  & Team

Again the Office of Secretary is the Secretariat responsible for the Secretary’s KRA. 7-

Facilitate the SLOS Legislative Program. The performance indicators for this particular KRA would include;

 

·         Oversee and support SLOS legislative reform proposal

The Secretary has never brought reform legislation before Parliament for deliberation and passing in 2019 and 2020. All the work and meetings for this program were done at Hotels with no good outcome. It would be appropriate for you to request the Secretary for a report on this program. This report will give an insight on what type of work done with regards to this program.

Conclusion

This performance assessment report on Secretary- Dr Eric Kwa is based on the KRA,s which form part of his employment contract of which an extracted copy is furnished hereof with this report. The extracted copy of his employment contract stated that he has seven (7) KRA,s as reflected above which he has to achieve in his team in office, however it appears that he lacks coordination with the implementing Branches to realize them accordingly.

The general impression is that the KRAs are many for him to achieve or simply he does not understand what to do and how to coordinate with the implement Branches. Those agencies responsible to appraise the Secretary,s performance are encouraged to obtained this type of report.

The Government in its wisdom profoundly appointed Dr. Kwa to deliver its development policies and outcomes by embracing and focusing on economic growth, poverty reduction and reduce law and order problems through crime prevention intervention programs which are administered by DJAG.

Nonetheless some of the Key Result Areas devised have not been delivered or accomplished since he took office instead causing confusion and uncertainty among staff members due to ambiguous plans, contradicting business practices and demonstrating micro managing style leadership.

The department under the current leadership of Dr. Kwa and with his ambiguous visions and plans is at the verge of collapsing the department, a once high performing agency. Therefore, it is imminent and imperative to ensure the agency is supported and rescued to regain its credibility as it enjoyed over the past years.

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