2008 Rugby League World Cup

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Showing posts with label Judiciary. Show all posts
Showing posts with label Judiciary. Show all posts

Friday, October 26, 2007

Is "political space" enough?

A letter to the Minister of Defence asking him to table the Moti Report has been posted below. If anyone has his email address that would be fantastic, at the moment i've got a postal address and you can still email the national newspapers.

Now on to my rant. There is a reason PNGscape is NOT a Kumul Link (right-hand column). PNGscape exemplifies how much PNGeans are capable of talking about something without lifting a finger to do anything. Yes much of it has to do with our feeling of powerlessness but a whole lot of it, especially for the small population that enjoys a good standard living, many of those who have access to the Internet, is plain LAZINESS. No one wants to do anything.

Am i sounding bitter? Maybe so. When i first drafted the letter to the PM, i posted it on Scape and asked people to join in ...but nothing. No replies, and the replies i did get were dismissive. On principle I try to avoid the site because it displays this accepting/can't be bothered/ it's too hard/ unable to do anything/ ineffective complain complain complain/unproductive attitudes held by so many of us. Me included. Sometimes I can't be bothered. Yes, sites like Scape may be comparable to Habermas' "political space" (or civic space) and allows PNGeans to talk about issues that they may be unable to do so within the constrictions of PNG society, freely, but what good is that if no one is willing to act on it? Is it a slow process that will evolve into an active protest against corruption, misconduct and other issues with the Government and general bureaucratic and political systems of PNG? I don't know, it happened in Indonesia in what was labelled the first "Internet revolution, " so maybe it can happen in PNG

Speaking of Indonesia, if anyone has studied the paternalistic system of Governance under Indonesia's Suharto, you'll find there are growing similarities with Somare's regime (and no 'regime' does not automatically have negative-dictator connotations, however fitting that would be, it's just a sub for 'government.') Growing. And the more people shut-up about it the worse it will get. At this stage other than speaking out in every possible way we can, we must also ensure that our judicial system remain independent and impartial, PNG has been lucky and we need to increase the security of the judiciary so they can continue to act as they have been. How to do that i'm not sure about, because really the intiative needs to come from the Government and that's where we have a Catch-22 situation.

In actual news, Ila Geno the Chief Ombudsman emphasised during the week, at the National Development Forum that Government funds for the community should be used as such and that MPs need to be transparent in how they use the funds and be accountable for its use. He said MPs should make records available to the public and ensure public servants are well salaried to stop temptation. I can only hope some part of that message penetrated the minds of those present.

I am also aware that Bire Kimisopa was challenging the new member for Goroka Open in Court. Anyone have updates on that? He was a truly outstanding politician last term and if he doesn't succeed in returning I hope that the current Goroka Open MP can be just as upstanding and outspoken.

Sunday, September 16, 2007

Application for judicial review rejected

So I’ve been a little slow with the updating but as you all know by now, Somare’s attempt to have a judicial review of the DF Tribunal has been thrown out by the National Court. Heck, apparently Somare was not even a legitimate party in the proceedings. This means the Court has found that there is no reason to proceed as on the basis of the information available…(did Justice Sakora eventually get a copy of the Moti Report?)… no grounds for judicial review have been established. Let’s state that again: there is insufficient evidence that the Tribunal and its members were biased.

Where does that leave the whole Moti issue?

Well it means the report as a result of a procedurally proper and unbiased Tribunal must be tabled in parliament unless the Minister of Defence finds that it is not in the best interest of the public to do so. Right now I cannot think of a reason why it would be in PNG’s best interest to withhold the report, further, I can not think how effective it would be to block a report that is already publicly available. What I do think is important, in the public’s best interest and effective is for the Minister of Defence, in following the laws of PNG, to table the report whilst symbolically illustrating that no one is above the law, not even the Prime Minister of PNG.

What the Court decision also means for Somare is that the DPP and the Ombudsmen Commission must now take up the recommendations of the Tribunal as per s28(2) of the Constitution and investigate Somare for breaches of the Criminal Code and the leadership code contained in the Constitution. Recommendations against other named persons must also be taken up.

However, already the Defence Minister has indicated that he has no plans to table the Moti report because, “that report is very controversial and I do not want to do any thing with it.” In typical PNG style when something gets too difficult, too challenging, too long-winded, possibly dangerous for one’s self-interest we drop the damn thing and no one exemplifies this trait better than our pollies- even when it means contravening the laws of this country.

If the Minister of Defence does not act and the DPP and Ombudsmen Commission ignore the matter then this could end up just another forgotten issue of corruption. We cannot afford this. We must rally for the tabling of the Moti Report and for investigations into Somare and others during which time Somare should be suspended from office as per s142(6)(a) of the Constitution.

I am awaiting Monday’s news reports to tell us what the appropriate authorities are planning to do from here and what civil society in PNG will/can/should do from there.

Before I end I must thank God that PNG's judicial system is still strong, independent and just. There is hope yet. It's when the judiciary goes that we're pretty much f&*^$d.