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;
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.
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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