Papua New Guinea’s Prime Minister James Marape has successfully thwarted a vote of no confidence after 75 MPs backed him and 32 voted for the opposition.

But the session was not without drama.

Just after 10am, after the opposition leader moved a motion for a vote of no confidence announcing Renbo Paita as the alternate prime minister, Parliament Haus descended into momentary chaos as members questioned why Speaker Job Pomat refused to allow debate after the motion.

The opposition had intended to use the opportunity to highlight pressing concerns that caused MPs to move to the opposition.

The Member for Madang, Bryan Kramer, a former minister of justice and police, challenged the Speaker to follow standing orders to the letter as stipulated in the constitution while Wabag MP Lino Tom accused the Speaker of “stifling the people’s voices” by not entertaining debate.

“The people of this country paid our salaries to debate this. The people need to know why we put in a vote of no confidence,” Tom said.

“This is the right forum where our voices need to be heard”

Speaker admits error
After intense exchanges between the chair and the opposition, the Speaker admitted to making an error in parliamentary process.

But he still proceeded to call for a vote.

PNG’s constitution allows a government a grace period of 18 months before a vote of no confidence can be brought to Parliament. Since 1977, every sitting prime minister has had to fend off threats of votes of no confidence.

James Marape himself, came to power in 2018, through a vote of no confidence.

While Prime Minister Marape may have been successful this time, he still faces the possibility of another vote of no confidence if the opposition musters enough numbers to do so.

Speaking after the vote, Marape said that while votes of no confidence were an essential part of democracy, Section 145 of the constitution, which provides for the process, had been abused in many instances.

“Provincial governors have five years to work. Provincial legislators have five years to work. The most important chair of the land has 18 months . . . and managing 18 months of politics and doing work, comes with great cost.”

The pressure is now on him to prove that that he has the ability and the political will to stem instances of corruption, fix the ailing economy, stem inflation and address crime — the biggest concerns for Papua New Guineans.

Over the next few days, the Prime Minister will announce a cabinet reshuffle to fill vacancies left by MPs who have left.

This article is republished under a community partnership agreement with RNZ.

Article by AsiaPacificReport.nz

Kramer had appealed to the Supreme Court over a National Court decision not to review his application of the Leadership Tribunal decision which had cost him his seat.

The National newspaper reported that the Supreme Court, which heard the appeal on November 28 last year, had still to hand down a decision.

Kramer hopes to stand in the byelection when it eventually goes ahead.

This article is republished under a community partnership agreement with RNZ.

Article by AsiaPacificReport.nz

Former MP for Madang Open and anti-corruption campaigner Bryan Kramer has filed a Supreme Court appeal against a National Court ruling dismissing his application for leave to review a Leadership Tribunal’s decision to dismiss him from office.

His appeal to the Supreme Court follows the refusal of a leave to review application in the National Court presided by Justice John Carey on August 18.

Kramer said in a statement that he had filed an application on the 23 May 2023 in the National Court to review the decision of the Leadership Tribunal.

He later withdrew this and refiled on June 30.

The refiled application raised nine primary grounds, including breach of natural justice, procedural unfairness, apprehension of bias in being denied a fair hearing, unreasonableness and being oppressive and harsh and not “reasonably justifiable in a democratic society”.

After waiting almost three months for a judge to hear his leave application, the matter was listed before Justice John Carey on August 18. However, straight after hearing detailed submission from counsels, Justice Carey delivered an oral judgement refusing Kramer’s application.

Justice Carey ruled that Kramer had not satisfied all the requirements, in particular an arguable case

Further nine grounds
Kramer is now appealing the judge’s ruling on a further nine grounds that include an allegation that the judge had failed to properly deliver a reasoned judicial decision.

He will submit that the judge had erred in directing Kramer’s counsel to narrow his submissions to the ground of apprehension of bias to the exclusion of the issues raised in the eight other grounds.

Further, the judge had failed to consider specific matters raised in each of nine grounds.

The judge had delivered two judgments, the first oral and the second published without indicating to parties, and that was altered and expounded on the reasons in the oral judgement.

He was dismissed in May this year by a a Leadership Tribunal comprising Justice Lawrence Kangwia and senior Magistrates Josephine Nidue and Edward Komia.

The Tribunal found him guilty on seven of thirteen allegations of misconduct in office

Five of the seven misconduct charges were in relation to decisions concerning the Madang District Development Authority (DDA) that he had failed to comply with legislative administrative requirements, and the misapplication of district funds to which they could not be lawfully applied.

Facebook publications
The remaining two misconduct charges were in relation to his Facebook publications that were found to have “scandalised the judiciary”.

The background of the two charges of him scandalising the judiciary were that in October 2019 he had published a three-part series of articles on Facebook concerning an arrest warrant against former Prime Minister Peter O’Neill.

The first charge was over part of his publication insinuating a conflict of interest by Chief Justice Sir Gibbs Salika in publishing the words “a relevant matter to note is that the Chief Justice was only recently appointed by O’Neill late last year”.

The second charge was over publishing the words “What was not anticipated was that O’Neill and his lawyers would solicit the assistance from the Chief Justice and desperate enough to submit fabricated documents to mislead the court that the warrant was defective as a means to obtain a stay order”.

The Tribunal had recommended by majority that Kramer pay a fine of K2000 (about NZ$922) for each for the five charges in relation to the Madang District Development Authority as they were decisions made by the DDA Board and not Kramer alone.

However, it recommended unanimously for his dismissal from office in relation to his Facebook publications in scandalising the judiciary.

Pacific Media Watch reports that in a profile by The Guardian in 2019, Bryan Kramer — BK as he is known — was described as a “rising star in PNG politics” and as an anti-corruption campaigner who was instrumental in bringing to light the UBS scandal that helped to bring down former Prime Minister Peter O’Neill’s leadership.

Republished from the PNG Post-Courier with permission.

Article by AsiaPacificReport.nz

Dismissed Member of Madang Bryan Kramer says the dismissal notice by Papua New Guinea’s Governor-General Sir Bob Dadae does not affect his appeal.

“What I can confirm is that on the morning the notice was issued, I had filed my appeal before the National Court,” he said.

“My appeal is requesting the court to firstly review the decision of the Ombudsman Commission in refusing my request to be given the evidence in my right to be heard notice.

“Secondly, to review decisions of the Leadership Tribunal in finding me guilty of misconduct in office and its recommendation to the GG for my dismissal from office.”

Being dismissed from office did not stop him from inquiring into “unfinished matters concerning high-level corruption”, he added.

“Unlike in the past, I’m a lot more informed on the system and those behind it. It also doesn’t stop me from reporting to relevant authorities on those involved in corruption.”

Being a Member of Parliament and Minister of State imposed limitations on what could be done and now with those limitations set aside much could be achieved, he said.

”As far as I’m concerned, being dismissed from office as a Member of Parliament is by no means the end of the matter but just the beginning of things to come.”

Republished with permission.

Article by AsiaPacificReport.nz

Papua New Guinea’s Governor-General, Sir Bob Dadae, has formally dismissed former cabinet minister Brian Kramer as a Member of Parliament representing the people of Madang.

On Wednesday, the Governor-General, who was out on duty travel when the Leadership Tribunal made its recommendation of dismissal and fines, penned the final instrument officially signaling his dismissal as a leader covered under the leadership code.

Kramer, a former police and justice minister, was contacted but as of 6pm there was no response. He was reported to be seeking options.

Kramer had said after the Leadership Tribunal’s ruling in April that he would be seeking a judicial review on the tribunal’s decision.

The Post-Courier is aware that he has filed an originating summons in the judicial review track to challenge the decision of the tribunal.

The Judicial Review track deals with the review of decisions made by public authorities, the lower courts or quasi-judicial bodies. It is started by way of originating summons but it is treated differently to other civil proceedings due to its special nature with a need for speedy disposal.

It also differs in that leave for judicial review must first be granted prior to any other orders sought in the originating summons by the plaintiff.

Failure in obtaining the leave by meeting the strict requirements renders the proceedings dismissed.

The Leadership Tribunal comprising, Justice Lawrence Kangwia and senior Magistrates Edward Komia and Josephine Nidue, found Kramer guilty on seven allegations of misconduct in office.

In their decision on penalty they recommended to the Governor-General for Kramer to be dismissed from office for “scandalising the judiciary” and to pay a fine of K2000 each for five allegations for a total of K10,000 (NZ$4700) to be paid within one week.

Meanwhile, when asked by reporters yesterday, Prime Minister James Marape said his office had not officially received formal advice on Kramer’s dismissal.

Marape said he could not comment.

Todagia Kelola is a PNG Post-Courier reporter. Republished with permission.

Article by AsiaPacificReport.nz

Dissident Papua New Guinean politician and former cabinet minister Bryan Kramer has vowed to fight on in his campaign against corruption, saying the National Court ruling to dismiss him as an MP was “the calm before the storm”.

“The decision to dismiss me was expected and of course, it is certainly not the end of the issue as I have already been working on an appeal to challenge both the rulings on verdict and penalty in the National Court,” he told reporters in Port Moresby

Kramer, a former police minister then justice minister, was responding to the decision on recommendations for his dismissal and a fine of K10,000 (NZ$4600).

“Today’s decision in no way diminishes my resolve in the fight against corruption nor will it keep me from informing the public on issues of national importance or exposing high-level corruption,” he said.

“In my view it’s the calm before the storm.”

In a statement later in the day Kramer explained the court decision saying: “Today (1/5/23) the Leadership Tribunal handed down its ruling on the penalty in relation to the finding of guilt of the seven (7) counts of misconduct in office against me.

“The Tribunal categorised the seven counts of misconduct into two main categories in determining whether there is serious culpability (wrongdoing on my part) warranting my dismissal from office or recommending a lesser penalty of a fine or suspension of no more than three months without pay.

“Category 1 included counts 1 and 2 that related to my Facebook publications scandalising the judiciary.

Conflict of interest claim
“Count 1 being the publication insinuating a conflict of interest by the Chief Justice.

“Count 2 related to accusing [former prime minister] Peter O’Neill and his lawyer of soliciting the assistance of the Chief Justice and submitting a fabricated document to mislead the court that the warrant of arrest was defective.

“Category 2 included the remaining 5 counts that related to the decisions of the Madang District Development Authority Board in the application of the District Services Improvement Programme (DSIP) Funds in renting office space for the establishment of a project office to deliver district projects at the ward level, paying electoral staff who were involved in implementing the projects and establishing a ward project staff structure without obtaining approval from the Secretary of Personnel Management and engaging an associate company that was paid K3000 [NZ$1400] a fortnight.

“In short, the Tribunal recommended a penalty of dismissal from office in relation to counts 1 and 2 and a fine of K2000 for each of remaining 5 counts, a total fine of K10,000.

“Based on the Tribunal’s finding on guilt on seven counts handed down on 21 February 2023, today’s ruling for dismissal was expected.

“The decision recommending dismissal from office will be delivered to the Speaker who will then recommend to the Governor General (GG) to adopt the Tribunal’s recommendation to dismiss me from office.

“The decision of the GG will be gazetted and takes effect. At that point I will no longer be a Member of Parliament.”

Kramer Report publisher
Bryan Kramer, well known as a social media strategist and publisher of the anti-corruption Kramer Report, has been a cabinet minister in Prime Minister James Marape’s government since 2019, holding the police, justice and then immigration portfolios.

Leader of the Allegiance Party, Kramer was returned to Parliament at last year’s elections with sizable majority in the Madang Open seat.

Republished with permission.

Article by AsiaPacificReport.nz

Madang MP Bryan Kramer, who held the police, justice and later immigration portfolios in the outgoing givernment, is no stranger to publicity stunts.

Yesterday, he “ambushed” Chief Ombudsman Richard Pagen in the State Function Room of the National Parliament during the new MPs’ induction process.

Last week, the Deputy Chief Justice Ambeng Kandakasi had announced the appointment of a leadership tribunal to investigate allegations of misconduct in office against Kramer.

As Pagen was speaking to the new MPs on their roles and responsibilities and the work of the Ombudsman Commission, Kramer found it an opportune time to pick a “verbal spat’ with Pagen.

After Pagen had finished his presentation, Kramer asked several questions that “pickled” the integrity and reputation of Pagen and the Ombudsman Commission.

Kramer told Pagen that the commission had lost many leadership tribunal cases and that his [Pagen’s] own integrity was also in question when a staff member had raised allegations against him and he was still holding office.

The Chief Ombudsman told Kramer that he was at the Parliament induction programme to talk to collective Members of Parliament and not to debate with him.

‘I don’t want to argue’
“Member for Madang, I’m addressing a crop of leaders and I don’t want to argue with you. Do not raise conflict of interest questions here. Your leadership (tribunal) is coming,” he told Kramer.

Pagen said he was not appointed to be a “briefcase carrier” but to perform his constitutional duties and he performed his duty without fear or favour.

“We are here to work with the leaders. If you fear us then, it is because you have done something wrong,” he said.

The Chief Ombudsman said that as a constitutional office holder his job was not to “carry a whip around” and hunt for leaders to be punished.

He said he made sure that there were prima facie cases to refer members of Parliament to the Leadership Tribunal and so far four cases had been thrown out.

“I have done my job to refer people. We are not here to fight anyone. We are here to support service delivery for the 9 million [people in the country]. We are technical people here to give you advice,” he said.

Pagen said they were there to help make sure the leaders perform their duties of serving the people honestly and transparently.

MPs told to be ‘transparent’
In a separate news story, the Post-Courier reports that Pagen urged MPs to be transparent and not to be involved in actions that would question their integrity and of the office they occupied.

Pagen told new MPs and those who were continuing that the office they held now was for the people and their position must not be demeaned by their actions.

He said the integrity of the office and the position they occupied as leaders must be maintained at all times.

“The integrity of the country must also be preserved,” Pagen said.

“We must not use the office for personal gain.

“In the Melanesian society, we have come from a wider family connection and relations and it is essential that the relationship does not creep into the office.”

Jeffrey Elapa is a PNG Post-Courier reporter. Republished with permission.

Article by AsiaPacificReport.nz

Outspoken Madang MP Bryan Kramer has been stripped of the Justice and Attorney-General ministries and given the Immigration and Border Security portfolio in a move seen as a demotion in Papua New Guinea’s pre-Easter cabinet mini-reshuffle.

Prime Minister James Marape announced the change along with four others last week, only a fortnight out from the start of the 2022 national general elections campaign with the writs being issued next week on April 28.

The other changes are: Westly Nukundj to Provincial and Local-Level Government Affairs, replacing Pila Niningi, who takes over Kramer’s former portfolio; Sohe MP Henry Amuli takes on Commerce and Industry, left vacant following the death of William Samb (Goilala MP); and Daulo MP Pogio Ghate replaces Chuave MP Wera Mori as Minister for Environment, Conservation and Climate Change.

Mori resigned from the cabinet a month ago to lead the Country Party into the elections.

New minister for Provincial and Local-Level Government Affairs Nukundj, last night thanked the government for having trust in him.

“I thank the prime minister for recognising my potential in elevating me to a senior ministry to be in charge of all the provincial and local level governments,” he said.

“I will discharge my duties to the very best of my knowledge, experiences and ability.”

Ministers Amuli and Ghate are first-term MPs.

Elevated to cabinet
They are being elevated to cabinet for the first time.

This is Marape’s fourth cabinet reshuffle since he became prime minister two years ago.

He appeared evasive when asked about the sudden changes with the election just days away.

Marape just said the changes were “necessary” to maintain cabinet.

“We had to fill the vacancies left in key portfolios and we had to have ministers who could have oversight on the portfolios so that work continues as we get into the election period,” he said.

He said the experience of each of the politicians was needed in their new portfolios.

“It is the prerogative of the prime minister, and while I respect the hard work of all three ministers the rotation of the key ministries comes at a time we are heading to the election,” Marape said.

‘Stand watch at immigration’
“We want to maintain work at the local level government, stand watch at immigration and maintain our laws, that is the reason for change.

“The changes have nothing to do with performance.

“They have all performed well in their key sectors but I felt these key sectors needed a change.

“I know the two new ministers, I know they are capable of heading the ministries they are taking care of.”

Miriam Zarriga is a PNG Post-Courier reporter. Republished with permission.

Article by AsiaPacificReport.nz

Papua New Guinea’s Justice Minister Bryan Kramer has confirmed that he has ordered his department — Justice and the Attorney-General (DJAG) — to investigate a complaint against the National Judicial Staff Service (NJSS) hiring highly paid overseas consultants.

Their wages are paid in Australian dollars and deposited in overseas accounts.

Kramer made this statement on the floor of Parliament when answering a series of questions from shadow attorney-general and Rabaul MP Dr Allan Marat during question time.

Dr Marat had asked what the status of the investigations are?

Were there breaches of the relevant laws, and why they are paid in Australian dollars and their salaries paid in overseas accounts?

Kramer said this initial complaint came via a written complaint as chairman of Judicial Legal Commission concerning contracts that were recently awarded within the judiciary to overseas consultants.

The complaint, he said, had a report attached that raised specific issues of amount of money being paid, to foreign contractors and payments being made overseas.

investigations are ongoing
The investigations are not complete and are ongoing.

Once complete a decision would be made about course of action would be taken, Kramer said.

“On the issues of public service it is important to note that these contracts were paid for private consultancy services so won’t fall [under] the regulation of public service,” he said.

Kramer explained that there was a query raised with the State Solicitor to seek clearance concerning whether or not these contracts were complied with legally and lawfully under the procurement processes.

“And the advice I understand provided by the State Solicitor is that, they exceeded the threshold within the jurisdiction of the judicial services to execute these contracts and provided an advice [on] whether to re-negotiate the contracts down to the threshold or to call for public tender on those contracts.”

He added that the concern was over the manner in which the contracts had been approved and the amounts involved in the contracts.

“There are specialised skills or experts around the globe that the state may engage from time to time — be it in oil and gas, and in any new legislative areas like in carbon credits,” Kramer said.

Significant fee
“These experts will attract a significant fee but justification will be on a short term contract where they may apply to come on a three to six month to provide that expert opinion and advice.

“These contracts were extended over a period of, I think 8 to 9 years,” he said.

“That’s another contentious issue that we are looking at.”

• What was the justification;
• What were the terms of reference for engagement of these contracts;
• What were the specific outcomes of these contracts;
• Why were they continually renewed — is it necessary to renew?;
• Why were they not advertised for Papua New Guinean experts or other experts, like under the European Union (EU); or
• Why did we not engage these consultants under the existing EU [arrangements] where they pay for the contracts and we don’t have to meet the costs.”

Kramer concluded that once the investigations were completed and if it was confirmed that there was non-compliance with legislative procedures, then a decision would be made by DJAG to terminate these contracts.

Republished with permission from the PNG Post-Courier.

Article by AsiaPacificReport.nz

A one metre-deep hole in the ground is all there is to show of an almost K2.7 million state contract project in Papua New Guinea’s Northern Province, reports PNG Post-Courier.

The project was for the design, pre-fabrication and construction of a community health post building with support facilities for Kiorata in Sohe district, and valued at K2,682,417 (about NZ$1.06 million).

“The contractor did absolutely nothing except dig a hole in the ground,” said Justice Minister Bryan Kramer.

This project is among others that have been investigated by the State Audit and Recovery Taskforce (SART) initiated by the Department of Justice and Attorney-General working with nine other State agencies.

“The contractors involved in these failed projects have been taken to the National Court for breach of contract,” Kramer said.

“These court proceedings are now before the National Court for orders to be made.

“As with all the court proceedings filed by the taskforce, they will be asking for the projects to be completed at the contractors’ own cost or funds paid for the project to be refunded with interest and costs of proceedings.”

Suspect projects
The SART-conducted site inspections last year in some cases that were suspected of being failed projects despite payments being made, and had been referred to them by government departments.

“The taskforce members travelled to the project sites, some of which are located in the most remote parts of the country, and discovered that almost all the projects were not completed,” Kramer said.

He said many of these projects involved the construction of school buildings and health centres.

“Most of the projects were, apart from some land clearing, not constructed at all.

“Some were 10 to 80 percent finished, and others were completed but with poor design and materials used, so water was coming into the building during the rainy season, or termites were already eating away the timber used,” Kramer said.

“The taskforce compiled detailed reports with photographs, which were then used to file court proceedings against the defaulting contractors for breach of contract.”

This year the taskforce has filed several court proceedings against contractors from site inspections in 2020 for failed projects which cost the state more than K7 million (about NZ$2.8 million).

Billons of kina are lost to undelivered state contracts every year and the SART initiative uses the claims by and against the State Act 1996 to make claims against contractors for breach of contract.

Article by AsiaPacificReport.nz

An appeal by the television channel for more information was posted on the network’s Facebook page, saying Magei, a sales executive, “was taken by police around midday today after he reportedly filmed them destroying buai markets at 5mile market on his phone”.

It added: “We need your assistance in tracking down the vehicle [number given on the posting] and Richard.”

The television station’s management later removed the Facebook posting apparently while negotiations for Magei’s release were under way. But the incident came as an independent development blog in Australia today accused the PNG police of “rogue brutality” over several incidents.

Police Minister Bryan Kramer posted on the EMTV News Facebook page this message: “I’ve raised [the Magei] issue with ACP [Assistant Commissioner of Police] for NCD [National Capital Distriict] for Wagambie Jnr and he responded [that he had] asked Met Sup to look into it.”

The Minister for Communications and Information Technology, Timothy Masiu, appealed for Magei’s release, calling for “common sense to prevail”, the PNG Bulletin reports.

“I wish for Mr Magei’s unconditional release if he is indeed being held by police,” Minister Masiu said in a statement.

A senior EMTV news executive later confirmed that Magei had been released without charge.

The chewing of betel nut, the seed of the Areca palm known as “buai” in PNG, is common across parts of Asia and the Pacific. It is a strong tradition in PNG but some authorities have been trying to suppress the custom.

Police brutality a concern for PNG
“The use of force by police and police brutality continue to be a concern to the people of Papua New Guinea,” wrote Terence Kaidadaya and Okole Midelit today in the blog of the Development Policy Centre at the Australian National University’s College of Asia and the Pacific.

“Police brutality is only perpetrated by a minority of ill-disciplined rogue police officers and does not reflect the mindset of the Royal PNG Constabulary (RPNGC) in its entirety, but it certainly gives the constabulary a bad reputation,” the blog posting said.

“It creates distrust of the police by citizens and reflects badly on the PNG government.”

Kaidadaya is a foreign affairs officer with the Papua New Guinea Foreign Affairs Department and Midelit is a teaching fellow with the political science department at the University of Papua New Guinea.

The blog cited two examples out of many over the past few years – one from last month and one from 2016 – to illustrate the fact that alleged police brutality often stemmed from political influence in policing:

• 

  “On 18 April 2021, a few police officers attached to the Fox Unit in Port Moresby allegedly forcefully entered [lawyer Laken] Aigilo’s residence at night and assaulted him, and later kidnapped and threatened to kill him before detaining him at the Boroko Police Station. As Mr Aigilo has indicated, this was done without any prior formal complaint lodged against him, and without an arrest or search warrant. He was released the next day after instructions were issued by PNG Police Commissioner David Manning.

• “A practising lawyer, Mr Aigilo alleges that the police attack raises the question of whether or not police acted impartially or in support of Enga Governor Sir Peter Ipatas against him. This is because Mr Aigilo’s alleged assault and detainment came a day after he formally lodged a complaint with the PNG Ombudsman Commission against Sir Peter over allegations relating to financial mismanagement of the Porgera mine landowners’ royalty payments totalling up to K1.6 billion over a 30-year period.”
• “In 2016, students at the University of Papua New Guinea led nationwide protests against Prime Minister Peter O’Neill. Their grievances were many but centred on accountability and the lack of execution of a long-standing corruption charge and arrest warrant against the prime minister.
• “To quell the protest, armoured police officers went to UPNG and opened fire on unarmed university protesters, [shooting four dead and wounding 13]. The action was viewed by the public as politically motivated in order to protect politicians.”

Appropriate discipline needed
Kaidadaya and Midelit wrote in their blog that “appropriate disciplinary action needs to be taken against officers who either violate their constitutional roles or take sides when it comes to political interests”.

“Most importantly, politicians need to stop interacting with the police, and stop using them for political reasons,” the authors said. “Perhaps then, trust in, and the credibility of, the RPNGC could be restored.”

Article by AsiaPacificReport.nz

My last article, announcing that I intend to make a submission to the National Executive Council (NEC) to amend the Public Service regulation to no longer require the Commissioner of Police to hold a tertiary degree, prompted a number of readers to suggest this would be an act nepotism, corruption and self-interest.

While I found these claims rather amusing, they are also disturbing as it shows some people are either genuinely ignorant of the issues, or just plain stupid.

What is the regulation that stipulates a person must obtain a tertiary degree to qualify for the appointment of Departmental Head (Secretary of Department)?

In 2003, the NEC approved a regulation called the Public Service (Management) Minimum Person Specification and Competence & Regulations for Selection and Appointment of Departmental Heads and Provincial Administrators.

This regulation provided that any person applying for a position of Departmental Head or Provincial Administrator must meet a number of minimum requirements to be considered for the appointment. These requirements number more than 18 and include everything from minimim tertiary education, over age of 35, management experience and skills to health and fitness.

So there is no confusion, this regulation was proposed by the Department of Personnel Management as the agency responsible for Public Service through the Minister of Public Service for NEC’s approval.

While Acts of Parliament (laws) are subject to approval by Parliament, regulations are approved by NEC.

Regulations like bylaws
Regulations are like bylaws to an Act of Parliament and are intended to provide more detailed processes and procedures when implementing provisions or sections of an Act (law).

When NEC introduced the regulation specifying the minimum requirements for persons to be appointed to be Departmental Head and Provincial Administrators, did it intend the regulation to apply to the Commissioner of Police?

Short answer, in my respectful view, is No.

My evidence to support this view is that NEC appoints the Commissioner of Police and, if it intended the Commissioner of Police to be subject to the regulation, then it would have applied it to every Commissioner of Police appointed since 2003.

The same can be said about the Department of Personnel Management which proposed the regulation in the first place and would have otherwise applied it in the shortlisting of candidates for the position.

Since the introduction of the regulation, how many Commissioners of Police have had a tertiary qualification?

Short answer is none.

Six post-regulation appointments
Since the introduction of the regulation by NEC there have been six appointments to Commissioner of Police. Not one has possessed a tertiary degree.

In fact, since 1945 more than 23 people have served as Commissioner of Police and only one of them possessed a tertiary education – Peter Aigolo, 1997-1999.

It is the role of Members of Parliament to pass legislation, NEC to pass regulation and the court to interpret and uphold law consistent with its intended meaning, purpose and Constitutional law.

The Supreme Court has held in numerous of its judgements over the years that, when interpreting laws passed by Parliament, it is important to understand and consider the intent of the legislature when they introduced the law.

In this case, the question is did the NEC intend the regulation to be applied to the appointment of Commissioner of Police?

Based on the above evidence, my respectful view is No.

I don’t believe this evidence or argument was raised before the National Court to assist the Court in arriving at its decision. Perhaps it was the case of those drafting the regulation failing to make it clear.

The decision of the National Court is not final, as the Commissioner of Police may exercise his right to appeal the decision to the Supreme Court for a three-man bench to review the decision.

NEC may also exercise its Constitutional powers to correct any confusion in the application of the regulation to make it consistent with its intended purpose.

The decision to introduce regulation, rescind, amend or correct it, including in the appointment of the Commissioner of Police, lies with NEC.

Republished from Police Minister Bryan Kramer’s personal blog. The original headline on this article was: “Where did minimum requirements for Chief of Police come from?” Asia Pacific Report often republishes Minister Kramer’s articles.

Article by AsiaPacificReport.nz

Dash cameras have been installed in Papua New Guinea police vehicles to monitor the activities of drivers and officers using them.

Police Minister Bryan Kramer has stressed the importance of using vehicles for work purposes only and not to transport family members or for drinking sprees.

“The days of misusing [police] vehicles are gone,” he said.

“You will be monitored through the dash cams on each of the vehicles and the GPS tracker installed in each of the vehicles.

“Gone are the days of hiding from every complaint laid against you.

“You cannot hide what you are doing.

“It [will be] recorded and accessed by the CCTV operators and the police station commander.”

Waigani police station opening
Kramer attended the opening of the renovated K4.6 million (NZ$2 million) Waigani police station by Prime Minister James Marape last week.

He said there had been reports of some officers using police vehicles for sex, drinking, and transporting women or family members which were an abuse.

The station was also declared a “station of excellence”.

Kramer said all officers at the station would be wearing the same colour uniforms and have their name tags displayed all the time.

“This is what we want for accountability and transparency,” he said.

The Pacific Media Centre republishes The National articles with permission.

Article by AsiaPacificReport.nz

Retired and serving police officers in Papua New Guinea are being investigated for alleged offences such as gun-smuggling, fraud and theft, according to Police Minister Bryan Kramer.

It includes “massive corruption at the police headquarters in Port Moresby by retired and serving senior police officers”.

“Cases now under investigation are the smuggling of firearms, land/housing fraud, payroll fraud, drugs, fuel theft, insurance scam, stealing from the retired officers’ pension fund and misusing police allowances,” Kramer said.

“Investigations are halfway complete in most of the cases.

“Arrests will be done at the completion of the investigations.”

Kramer said the “massive corruption” at police headquarters in Konedobu was done during the term of the previous government led by former Prime Minister Peter O’Neill.

Kramer said the police force, once described as a national pride, had been “reduced to a private security business serving corrupt politicians and dodgy foreign businessmen”.

Weapons on-sold to province
Meanwhile, a source at police headquarters said detectives were struggling with the investigations into the smuggling of guns allegations because the suspects were retired senior police officers.

“These retired senior officers purchased firearms for the police force and brought them into the country,” the source said.

“However, the firearms were then smuggled out of Port Moresby to another province by a private security company.”

Clifford Faiparik is a reporter for The National newspaper in Papua New Guinea. The Pacific Media Centre republishes National articles with permission.

Article by AsiaPacificReport.nz

It is illegal for any Papua New Guinean police officer to demand spot fines from people not wearing face masks in public, says Police Minister Bryan Kramer.

“There is no fine that I am aware of. However there are orders. There shouldn’t be any spot fines.”

He said he would discuss the matter with Police Commissioner David Manning.

Kramer said some officers had been “abusing” the public health safety orders regarding the covid-19 coronavirus pandemic such as on the wearing of face masks in public transport and in public places.

“There is a concern about these orders on the pandemic which certain officers have abused,” he said.

“I would encourage [people told by police to pay a fine] to file a complaint when they feel something is wrong. If officers are asked to be paid, or there is a need for clarification, just write a letter to my office and the Commissioner of Police David Manning.”

Kramer told The National that anyone ordered to pay a spot fine or threatened of arrest for not wearing a mask in a private vehicle should report the matter to the nearest police station and write a formal complaint to his office.

He said offending police officers would be dealt with.

Rebuilding ‘internal investigations’
“We are rebuilding and strengthening the Internal Investigations Unit (for this purpose),” he said.

“We want to start aggressively dealing with this issue of police officers charging those who do not adhere to the laws.

“Applying common sense is something everyone should be adhering to, and wearing face masks.”

Meanwhile, police pulled off the road about 50 buses last Friday for breaching public health safety rules such as the requirement that passengers wear face masks.

National Capital District Metropolitan Superintendent Perou N’dranou said the bus drivers and checkers had been ignoring the covid-19 protocols such as the maximum of 15 passengers.

“On Friday, buses were removed from the roads after they were given ample time to adhere to the new measures set by controller David Manning,” he said.

Warning against complacency
RNZ Pacific reports Pandemic Response Controller David Manning has warned against complacency after reporting no new cases of covid-19 in the past day.

PNG’s total number of confirmed cases remains at 459, with five related deaths reported so far, although less than 16,000 tests have been conducted to date.

Manning said that just because PNG had not reported any new cases today it did not mean that the virus was not spreading.

The Pacific Media Centre republishes articles from The National newspaper with permission.

Article by AsiaPacificReport.nz