Thursday 21 September 2023

Why is it very cumbersome to obtain NID documents?

 This is an undisputed fact.


Many Papua New Guineans who have applied to get a National Identification Card from the office of Civil Registry have been waiting for as long as four years.


The question is why is this so.

NID applicants queuing on public road side before guards allow them entry to inquire and obtain documents 



It is plainly unacceptable. 


The government ministry responsible must intervene, audit the system and ensure the processes function in a user friendly manner.


One of their criteria is once you pay, you need to follow up.


Come on, that is non sense.


The applicant just needs to turn up on set date and just pick up.

Thursday 14 September 2023

Yangoru Saussia district clan gets nod for judicial review

A clan from the Yangoru Saussia district in the East Sepik Province was granted leave today by the National Court to challenge a decision by their local MP Richard Maru and others to acquire land and build a district market.


Home being destroyed as a result of compulsory land acquisition 


The Huanje Javahama clan represented by principal plaintiff Efex Kwarilomo have gone to court alleging that their customary land was acquired controversially and fraudulently.

Justice Nicholas Miviri after considering the evidence has ordered that Efex and his clan through their Moses Murray Lawyers file and serve documents to all defendants by October for the substantive hearing.

Though relieved by the court’s decision, principal plaintiff Efex Kwarilomo is still distraught about the dreadful events that occurred and have prompted his Huanje Javahama clan to file court proceedings.

His lawyer Livai Kuaken had to stand in for him and briefly spoke to the media.

"What has happened is that the district intends to build a district market, " Kuaken explained. 

Efex and his clan initially filed an originating summons on trespassing but while that was on foot, they learnt that a land title has been issued to the district authority named as portion 178C Milinch Kubalia, East Sepik Province and that was facilitated by the department of lands through compulsory acquisition.

They went to court again, withdrew the proceeding and then filed for a judicial review with a decision now in their favour to proceed to a substantive hearing.

What the court found was that the actions of MP Richard Maru, the Yangoru Sausia District Development Authority, the East Sepik Division of lands and the lands department committed errors of law and this was coupled with breach of principles of natural justice.

The court noted that there was no explanation given to the clan who owned the land before compulsory acquisition to build a district market.

The Huanje Javahama clan of Wamain village , Numbo LLG  had to be made aware because it was their customary land and their rights were breached and deprived from being compensated.

There was also no inspection by the valuer general.

Based on a falsified land investigation report of 23 June 2015, the court heard it was registered at the Lands Department and the minister applied section 10 of the and act to compulsory acquire it.

A K671,000 was paid by MP Richard Maru and the Yangoru Saussia DDA to someone who misrepresented Efex Kwarilomo and his clan.

They then forcefully entered the land destroyed properties and demolished Efex’s home.

Justice Miviri said Efex had legal standing to argue because he was directly affected, his home was demolished and he had no other administrative avenue to resolve the matter.

He said there was an arguable case given the issue of law against the conduct of MP Richard Maru and others.

Justice Miviri also said the decision by the defendants was unreasonable and contrary to the Wednesbury principles of reasonableness.



Monday 11 September 2023

Losing candidate asks court to review her election petition blaming court staff for failing to upload on time

Delay by the court registry to upload election petitions onto the courts electronic case management system  (IECMS) on time has become the subject of a Supreme Court review application

A female candidate Dianne Unagi Koiam who lost contesting the Moresby Northeast seat in Port Moresby during the 2022 national elections has applied to be granted leave to review.

The national court had earlier dismissed her election petition for being incompetent as it was filed out of time.



Diane Unagi Koiam is among two others, Peter Dominic and Andabanga Nelson Baliawe who are challenging the win by Hon John Kaupa.

Their petitions have been dismissed for being incompetent as they were filed out of time and they have all gone to the Supreme Court asking for leave to review.

Diane Unagi-Koiam's lawyer Gloria Salika has strongly argued that her client has been blamed for the incompetence of the court registry and this is creating issues with all other matters.

Ms Salika told the court her client has fulfilled the constitutional responsibility to file within the required 40 days but the incompetence of the court registry to upload on the electronic case management system has inconvenienced her client.

Justice Derek Hartshorn has asked if the circumstances had any direct conflict with law.

Lawyer Ms Salika said the delay in uploading to the electronic case management system was not in conflict with law but  was creating issues with all other matters.

With her clients case she told the court, referring to an evidence in the review book that her client’s election petition was filed on the 21 September 2022 at 9.30am and at 9.44am it was uploaded on the electronic case management system

 

She argued that for the registry to say it was filed on the 23 September goes against the facts she had referred to regarding her clients filing.

Hon John Kaupa’s lawyer Paul Mawa has asked the court to carefully consider grounds to review if there were injustices, exceptional circumstances and there were arguments of law and fact.

Mawa said there seems to be no apparent error made by the judiciary and the circumstances argued by Diane Unagi Koiam's lawyer may be unusual but not exceptional.

The electoral commission’s lawyer has pretty much leaned towards this defence and briefly said there were no important points of law raised and the security deposit together with filing fees were paid out of time rendering the petition incompetent.

 

 

 

 


Sunday 10 September 2023

Hela presents position paper on Porgera


Governor for Hela Province, Hon Philip Undialu on Friday Sept 08, 2023, presented his province’s position paper pertaining to the Porgera Mine Community Development Agreement (CDA), to the Mining Minister Hon Sir Ano Pala.


Papua New Guinea's mining regulator has reported.




The Mineral Resources Authority says the presentation was done at the Airways Hotel in Port Moresby, witnessed by Vice Minister Assisting the Prime Minister on State Negotiations Hon Jimmy Maladina, Vice Minister for Mining Hon James Donald, Chairman of the State Negotiating Team (SNT) Dairi Vele, Secretary for the Department of Mineral Policy & Geohazards Management (DMPGM), Harry Kore, and the Mineral Resources Authority’s (MRA) Executive Manager for Development Coordination Division, Andrew Gunua.


Governor Undialu was accompanied by key landowners of Gas-To-Electricity (GTE) facility and well-heads, which has been supplying 70 mega-watts of power to the Porgera mine for the last 30 years. He said the Hela Province hosts almost 70 km of power lines that supply power to Porgera mine.


Hon Undialu said his government had raised 16 issues and proposals in the position paper on behalf of his stakeholders. 


However, he said some of the issues were commercial in nature and would be discussed in appropriate forums, while some will be discussed during the CDA process.


The leader said the 16 issues and proposals had been condensed into two proposals for the government to consider.


 He said option one was the ‘Porgera & Gas-To-Electricity (GTE) Project Integration.


“We are now proposing for a project integration or unitization,” said Governor Undialu. 

He said for instance in the PNGLNG project, all supporting facilities of the project, in Hela, Southern Highlands, Western, Gulf and Central Provinces, are all integrated, where we all work together in benefits sharing arrangements.

He said if this proposal was accepted, his government and stakeholders expect to negotiate with the state on benefits such as equity, royalties, Business Development Grant (BDG), Infrastructure Development Grant (IDG) and other social benefits.


Governor Undialu said the second proposal was to treat the GTE facility as ‘stand-alone project, and have its Memorandum of Agreement (MOA) reviewed, and ownership be transferred to the provincial government and landowners, on a 50/50 basis subject to old Mining Development Contract (MDC) Clause 6.4.

He said clause 6.4 of the old MDC says that on the 10th anniversary of the mine’s operations, the power plant would be transferred over to the State. 

Hon Undialu said the mine started operations in 1992, which means that the GTE facility should have been transferred to state in 2002 which did not happen.

He said if the GTE is transferred to them, the provincial government and landowners would ensure the social security provided.


Minister Pala on receiving the position paper from Hon Undialu, said this papers would be considered together with papers presented by all other stakeholders integrated into a formula for negotiations soon.

Thursday 24 August 2023

Public Service Commission decision to reinstate former employee of state authority not binding

 A legal definition distinguishing the PNG Citizenship Authority and its Chief Migration Officer Stanis Hulahau as not government governments or deemed departments has disadvantaged a former employee. 


James Lokalyo Kepson, a former Property and Contracts Manager with the Immigration and citizenship authority appealed to the Public Services Commission in 2021 after his employment contract was revoked.


The public services commission  annulled the decision by the Immigration and Citizenship Authority and recommended for James Kepsons reinstatement immediately.


The public services commission also made a decision that Kepson's salaries and any entitlement be backdated to the date he was terminated.




The decision by the Public Services Commission was served on the Chief Migration Officer and the citizenship authority but they did not act on the decision. 


The affected employee took the matter to court for a judicial review but Justice Nicholas Miviri today ruled that the decision by the Public Services Commission to reinstate Kepson  is not binding as the Immigration and citizenship authority is not part of the Public  Service 


Sunday 11 June 2023

Hekari United women's team finishes second in OFC women's tournament


The Hekari United women's team have settled for second place in the inaugural OFC tournament.


It was an end to a 10-day regional sporting extravaganza in Port Moresby.

NBC reports Hekari defeated Labasa FC from Fiji, two goals to nil on Saturday evening 9th June at the Sir Hubert Murray Stadium. 



Captain Marie Kaipu secured two goals for the home side in the first half. 


Despite having much possession, Hekari didn't find the net in the second half to extend  their margin. 


Earlier on, AS Academy Féminine from New Caledonia held off Koloale FC, four goals to one, to secure the game, and an undefeated run to claim the inaugural cup in  the OFC  tournament.


Saturday 10 June 2023

Divine Word University student publishes book on Amazon Kindle

 A final year PNG Studies and International Relations student at the Divine Word University has published short stories in a book and available on Amazon.

Duncan Gabi from the Central Province says the 80 pages book is a collection of 20 short stories written between 2018 and 2022.

Amazon says Gabi is a versatile writer who began his journey during his early years in Primary School. 

With a diverse background as a blogger, early childhood educator, environmental activist, and media officer, Gabi brings a wealth of experiences and perspectives to his storytelling.

 

A captivating storyteller, he weaves his own tales that enrapture readers. With a rich tapestry of personal experiences and a boundless imagination, Gabi's narratives transport readers to enchanting world of fiction and provoke thought-provoking contemplation. 

His passion for literature and commitment to the written word shine through his compelling narratives.

The book Papua Vagabound 

I just published a collection of short stories on Amazon Kindle Direct Publishing and is now on the market on Amazon. 





Traditional publishers will now be a thing of the past with writers independently publishing on self-publishing platforms like Amazon's Kindle.

Good thing about self-publishing is that you own copyrights to your books and also receive royalties from Amazon for every purchase of your book.


My book comprises of 20 short stories that were written between the years 2018 and 2022.


It's going for $32.54 Australian dollars, about K70 in our currency.


Amazon does print on demand, so once readers purchase the paper back edition, Amazon will automatically print and ship to their location.


As the author, You can also print dozens of copies and then resell in PNG. For authors copies, you only pay for printing. Printing cost depends on the number of pages of your book.

My book has 80 pages so that is less than AU $5, about K11. 


I chose Australia as the primary market place for the book, unfortunately, Amazon Australia does not ship to PNG leaving PNG readers to purchase in Amazon Germany where the book will be printed in  Germany and shipped to PNG.


This doubles the price of the book, because of the printing and shipping cost.


So my advice, don't purchase from Germany. Purchase from Australia and ask your friends, (if you have any in Australia) to pick it up and ship to PNG for you.


To buy the book online click this link https://amzn.asia/d/9UHizvC

Criteria for pap smear