Category Archives: Laws

Disciplinary force members called to demonstrate maturity

By Sally Pokiton

Members of the disciplinary forces must demonstrate maturity when dealing with domestic issues, a judge of the National Court said.

“Assaulting wives and partners is a sign of sick and weak intellect and far too many soldiers and members of the disciplined force are doing that to their wives and partners.”

Justice Panuel Mogish of the Waigani National Court today made these remarks when delivering his decision on a sentence against a soldier with a 20 year service record.

He said soldiers who assault their wives and partners are a disgrace to the uniform they wear and should be dismissed as a matter of urgency to protect the integrity of the army.

“You abused your training when you assaulted your wife. You treated her like an enemy and applied brutal force to attack her, leaving her with fractures to her arms and legs,” he told George Hanio in court.

“What you did to your wife is disgraceful but is common among serving members of the disciplined force.

“Disciplined soldiers are trained to show restraint in volatile situation in war time. The application of force must be appropriate and relevant to the prevailing circumstances,” he added when sentencing Hanio to three years in jail.

That sentence was suspended and he was put on two years good behavior bond. He had initially assaulted his wife because she was having an affair and slept out of the matrimonial home.

They have since reconciled since he paid a compensation of K4000 to the woman.

http://www.looppng.com/png-news/disciplinary-force-members-called-demonstrate-maturity-60151

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Tertiary Students to borrow money [Interest-Free ] Themselves to Pay their School Fees

A tertiary education assistance fund will be established to support students whose parents are unable to pay for their tuition fees.

Prime Minister Peter O’Neill said his People’s National Congress Party will push for the funds establishment if it forms government in September.

He said the fund will be built on the Free Education Policy the Government has funded in the last 6 years.

“Also, we want to expand the program up to the tertiary education, we cannot only educate our kids up to year 12 and allow them to run around and do their own thing, which is what our system has been doing in the last 40 plus years,” O’Neill said on FM 100 Talk Back show on Thursday.

“So what we have to do is expand on it, and we have our team to look at some of the examples around the world, and we have come up with a new issue of establishing a ‘Government Endeavour Fund’.”

O’Neill side the fund will be independently managed and will be self-financing.

“If parents are unable to afford to send their kids to universities or technical colleges, their children can borrow the money themselves and will be interest free, and most flexible repayment term when they start working and earning income over their life time,” PM said.

“This means that they repay the original amount of money back to the fund and the fund will be able to educate future kids because the funds money are not been depleted.”

Loop PNG Charles Yapumi May 26, 2017 at 12.12 pm

 

Comply with World Bank Procurement Process and Guidelines to Serve Farmers Better

*** Officers Told to Follow World Bank Guidelines ***

Officers engaged with Productive Partnerships in Agriculture Project must comply with World Bank procurement process and guidelines to serve farmers better.

This was the message given to 18 officers employed as project coordinators, extension officers and data entry clerks by project manager Potaisa Hombunaka.

The officers attended a one-day training in Goroka recently.

“There is no short cut in the PPAP modality. We have to comply with the rules of engagement when it comes to procuring goods and services,” Hombunaka said.

The participants work for partnerships who are implementing coffee rehabilitation work in Goroka.

The activities included improving farmers’ coffee gardens, setting up nurseries for coffee seedlings and carrying out improved post-harvest practices in cluster groups.

The training was conducted by Procurement Consultant Theresa Witi. It was the first time the officers in Eastern Highlands to gain an insight into World Bank’s procurement and tender process conducted by Coffee Industry Corporation through its PPAP coffee component.

The National Newspaper May 24, 2017

No more Task Force Sweep team

BY: Sally Pokiton

Funding constraints over the past three years has seen Investigation body, Task Force Sweep withdraw its appeal in the Supreme Court today after a long court battle.

 A three-man Supreme Court bench this morning allowed the withdrawal of the appeal after leave was sought in the court by Sam Koim in his capacity as Chairman of the Investigation Task Force Sweep team.

This now means that the stay that was issued by the Supreme Court in February, allowing the work of the Task Force Sweep team to continue, while the Supreme Court deals with the appeal is discharged.

task force on hold

Koim asked the court this morning to allow him to withdraw the appeal which was filed challenging the decision of a Judicial Review in the National Court.

The Judicial Review on Dec 2,2016 upheld the NEC decision to disband the Task Force sweep in 2014 because the establishment of the Investigation Task Force Sweep team was as a result of an administrative NEC policy decision and the court has no jurisdiction to review an NEC decision.

Task Force Sweep has not received any funding since it was abolished on 18 June 2014 and Koim said although they maintained the office through the stay that was put in place by the courts, it was impossible for them to survive and sustain operations.

When asked by Loop PNG about the timing of the withdrawal of the appeal given nominations are on, Koim said he has no intentions to contest the elections.

“Its 24 hours before the nominations close, there’s nothing much we can do about it.

“We have made the decision to withdraw the proceeding for personal reasons, which does not include contesting the elections.

For now, the Task Force Sweep team is no longer in place until and unless the government decides.

Meanwhile retired judge, Graham Ellis is expected in the country this Friday, according to lawyer Tiffany Twivey in court today.

Retired Judge Ellis was appointed by NCE to head the new investigation body; Independent Commission Against Corruption.

It is a NEC decision and the bill for the establishment of ICAC is still before Parliament. It is yet to go for the third reading and the final vote.

 

http://www.looppng.com/png-news/no-more-task-force-sweep-team-57571

National forum to provide avenue for children to speak

BY: Quintina Naime

The first ever Papua New Guinea National Children’s Forum will be held on November 30 in Port Moresby.

The forum will provide an avenue for children to air their views on issues affecting them.

It will be hosted by the Department for Community Development, Youth and Religion and will involve children from all 22 provinces.

Children in PNG are faced with many issues like violence and different forms of child abuse.

The forum is a time for children to speak out about how they think these issues can be addressed, says Minister for Community Development Delilah Gore.

This is in line with the Lukautim Pikinini Act Section 14 Sub Section F which calls for a Bi- Annual Forum for children to meet to discuss issues that affect them.

Gore said many times decision makers including the Government and partner agencies don’t listen to the children and their concerns.

children_forum

“We don’t give chance to the children to speak for themselves so we’re looking forward to it because we want the children to come and tell us what they want for themselves.

“We need to listen to the children because we must include their voices when writing up laws that concern them.

“We must listen to children so that they can help us to make legislations and policies that can really benefit them,” she said.

Gore added that children have the right to speak, be educated and live a happy life.

 

http://www.looppng.com/community/national-forum-provide-avenue-children-speak-57087

THE ISSUE OF WRITS FOR THE 2017 NATIONAL ELECTION FOR PAPUA NEW GUINEA

-Post Courier 

Writs for 2017 National Election will be signed and issued on Thursday, 20th April 2017 at the Government House in Port Moresby by His Excellency, the Governor General of PNG, Bob Dadae for the 2017 National Election.

Issue of Writs for 2017 National Election

Under section 105 of the Constitution, a general election to the Parliament shall be held within the period of three months before the 5th anniversary of the day fixed for the return of the writs for the previous general election.

Dates for 2017 National Election

Dates for the 2017 National Election as approved by the Acting Governor General Theo Zurenuoc are as follows:

  • 20th April 2017                                Issue of writs and nomination opens
  • 27th April 2017                                Close of nominations
  • 24th June – 8th July 2017              Polling
  • 9th July – 22nd July 2017               Counting
  • 24th July 2017                                 Return of writs for National Election

 

Calculating Election Days

  • Nomination Period:                       7 days
  • Campaign Period:                          8 weeks
  • Polling Period:                                14 days
  • Counting Period:                           14 days    

This occasion marks the beginning of the electoral process for the 9th Parliament in PNG. This election will be another big event which will be coordinated, managed and conducted by PNG Electoral Commission in the political history of PNG.111 Seats of Parliament in PNG to be contested There has been some confusion in the media over the number of Parliaments in PNG’s political history. The 2017 Election will be the 9th Parliament since PNG gained independence in 1975. The fully pledged Parliaments for PNG started in 1977 to 2017.

 

9th Parliament of PNG

The Governor General of PNG Bob Dadae will officially sign and command all Returning Officers of 22 Provincial Electorates and 89 Open Electorates to conduct the 2017 National Election. The 111 seats in the National Parliament will be contested by sitting Members of Parliament and intending candidates in this year’s election.

  • 2017 – 2022           9th Parliament        Term – 5 years
  • 2012 -2017             8th Parliament         Term – 5 years
  • 2007 -2012              7th Parliament         Term – 5 years
  • 2002- 2007              6th Parliament         Term – 5 years
  • 1997- 2002              5th Parliament         Term – 5 years
  • 1992 – 1997             4th Parliament         Term – 5 years
  • 1987 – 1992             3rd Parliament         Term – 5 year
  • 1982 – 1987             2nd Parliament         Term – 5 years
  • 1977 – 1982             1st Parliament          Term – 5 years

 

Nomination of Intending Candidates

All Returning Officers will accept nominations from intending candidates and sitting Members of Parliament beginning at 4.00 pm on Thursday, 20th April, 2017.

The Nomination period will run for seven (7) days from 20th April and will end on Thursday, 27th April, 2017 at 4.00 pm. All nominations will be accepted at District Headquarters of the Electorate by the Returning Officers (ROs) or by Assistant Returning Officers (AROs) at the LLG Headquarters. Intending candidates are encouraged to come forward before the close of nomination to nominate as candidates.

 

Dates for Election

The following dates have been set for elections by the PNG Electoral Commission to conduct the 2017 National Election nation-wide.

Location Date of Mobility Date of Insertion Date of Polling Date of Extraction
NCD Sunday 25thJune 2017 Monday, 26thJune 2017 Tuesday, 27thJune, 2017 28th June, 2017
Kokopo   Monday, 26thJune 2017 Tuesday, 27thJune, 2017 28th June, 2017
Lae   Monday, 26thJune 2017 Tuesday, 27thJune, 2017 28th June, 2017
Madang   Monday, 26thJune 2017 Tuesday, 27thJune, 2017 28th June, 2017
         
All other Provinces 24th June – 4th July 2017 10 days of Polling
Highlands Region
Hela Saturday 24thJune Sunday, 25th June Monday, 26thJune, 2017 Tuesday, 27thJune, 2017
Chimbu Saturday, 24thJune Sunday, 25th June Monday, 26thJune, 2017 Tuesday, 27thJune, 2017
EHP Saturday, 24thJune Thursday 25thJune Monday, 26thJune, 2017 Tuesday, 27thJune, 2017
SHP Wednesday, 28th June Thursday, 29thJune Friday, 30th June, 2017 Saturday, 1stJuly, 2017
Jiwaka Wednesday, 28th June Thursday, 29thJune Friday, 30th June, 2017 Saturday, 1stJuly, 2017
Enga Sunday, 2ndJuly Monday, 3rd July Tuesday, 4th July, 2017 Wednesday 5thJuly, 2017
WHP Sunday, 2ndJuly Monday, 3rd July Tuesday, 4th July Wednesday, 5thJuly, 2017

Note: All voters are advised to observe the dates of polling marked in bold.

 

Polling Schedules

Polling schedules which include polling places and specific dates for polling will be gazetted and issued at the end of April 2017, a week after the issue of writs.

Campaign Period

Campaign period is eight (8) weeks as required by law.

Nomination and Nomination Fees

Under section 45, a nomination shall be in Form 23. A nomination shall be accompanied by the nomination fee of K 1,000.00 which shall be in banker’s cheques or the depositor’s copy of the bank deposit receipt evidencing payment of the fee into a bank account approved by the Electoral Commissioner.

Nomination fees for 2017 National Election will remain at K1, 000.00. The nomination fees must be deposited into the account stated below and the banker’s cheques or a deposit slip must be produced to the RO or ARO during the nomination.

  • Account Name:                 Electoral Commission Trust Account
  • Bank:                                   Bank of South Pacific
  • Branch:                               Boroko
  • Account Number:            1000489658

 

Under section 46, a nomination can be made to a RO, an ARO, a PRO, or a person authorized by the Electoral Commissioner.

Qualifications for Nomination

A candidate can be qualified for nomination if:

  • – He/she is a citizen of Papua New Guinea, and
  • – He/she is 25 years old and above on the date of nomination; and
  • – He/she was born in the electorate or has resided in the electorate for a continuous period of two years immediately preceding the nomination or for a period of five years at any time, and
  • – He/she is not insolvent, and
  • – He/she has not been convicted of any indictable offence after 25th June, 2012, and
  • – He/she is not under sentence of death, or sentence of imprisonment for a period of more than nine months and against which no appeal is pending, and he/she has not been convicted under the law or under this regulation, and where the penalty imposed include ineligibility to hold elective office; and
  • – He/she has not, in the three years previous to the date fixed for polling, been convicted) (right to vote and stand for public office) of the Constitution; and
  • – He/she has not, in the three years previous to the date fixed for polling, has been dismissed from office under the leadership Code; and
  • – He/she is not of sound mind within the meaning of any law relating to the protection of the persons and property of persons of unsound mine; and
  • – He/she has not nominated for another electorate in the election to which nomination relates.

 

Preliminary Roll for Nomination

All ROs and AROs will use the preliminary roll for the nomination period. Intending candidates are encouraged to check with the ROs and ARO to ensure that their names are on the preliminary roll before they can nominate. Under Section 23 of the Organic Law on Elections (OLE), names can be added to the Roll by the RO for an intending candidate whose name is not on the preliminary roll.

This provision will be used only for those intending candidates whose names may not be registered on the Electoral Roll.

 

Accounting for Electoral Roll and Ballot Papers

All provinces in PNG have completed updating of the Electoral Roll. Preliminary rolls across the country are now being objected and verified. After the preliminary electoral roll is objected and verified, names will be finalized and certified for use in the 2017 National Election.

 PNGEC has issued at total 750,000 Claim for Enrolment Forms (Form 11) to capture data from three different types of people:

  • Provisional voter
  • Transfers In and Out
  • New voter

Since 2017 Roll is the updating of 2012 Electoral Roll, the names of those people who have voted in 2012 National Election will still be on the Electoral Roll.

These 750,000 Form 11s were calculated at 3.1% growth rate per annum. In the last 5 years from 2012, the accumulated growth rate is 15.5% of the total number of eligible voters in 2012. In 2012 Election, 4.8 Million eligible voters were enlisted on the Electoral Roll. Additional 100,000 Form 11s were released to supplement the 750,000 forms so the total number of Form 11 issued for 2017 Election was 850,000.00

Our crude projection now is that about 5.5 million people/voters will be enrolled in the 2017 Electoral Roll. We also project that about 4.1 million voters will come forward and vote in the 2017 National Election.

The total number of ballot papers available for use in the 2017 National Election is 10 million – Five (5) million ballot papers for the Provincial seats and five (5) million for Open seats. We will issue ballot papers according to the number of eligible voters on the enrolment figure.

Any extra ballot papers will be cancelled before they are dispatched to provinces. We also have generic ballot papers available for special cases but these generic ballot papers be issued only under the authority of the Electoral Commissioner.

 

Candidate Posters

Under section 53 of the Organic Law on Elections, PNG Electoral Commission will arrange the printing of candidate posters within such time as the Electoral Commissioner determines after the declaration of the nominations.

Candidate posters will be printed in PNG containing name of the electorate; name of the election; name of the candidate contesting the election set out in order as determined by the Order of Draw under section 59 (OLE); candidate identification number beside a candidate and in respect to a candidate endorsed by a registered political party; the name of the political party; name of the leader of the political party; photograph of the political party and in respect to a candidate not endorsed by the political party, the word “independent” and any other feature desirable by the Electoral Commissioner.

Under section 82 of the OLE, candidate posters can be displayed in adequate numbers and at such prominent places as possible for voters to consult. Candidate posters will be displayed outside the polling stations and within the voting compartments for voters to consult and identify their choice candidates to vote.

 

Ballot Papers

Under section 65 of the OLE, a ballot paper shall have three spaces or boxes for a voter to identify his/her preferences 1, 2, 3 – either by the prescribed candidate identification number or by candidate name (or both).

The 2017 National Election ballot papers have been produced with those specifications as required by OLE. Two ballot papers will be issued during the voting period to each single eligible voter to vote. The blue ballot paper is for the Provincial Seat while the yellow ballot paper for the Open Seat.

 

45 Political Parties registered to contest election

Electoral Commissioner of PNG is a board member of the Integrity of Political Parties. So far, a total of 45 Political Parties have registered with the Registrar of Political Parties to contest the 2017 National Election under the OLIPPAC.

 

Over 4000 Intending Candidates to contest election

Over 4000 intending candidates have filled form 29 to contest the 2017 National Election. This figure is not final. After the close of nomination, the final figure can be disclosed on the total number of candidates that will contest the 2017 National Election.

 

International Observers for 2017 National Election

PNG Electoral Commission has received interests from the following organizations to deploy observers to observe the election in June/July:

  • Commonwealth Secretariat
  • Transparency International
  • Department of Australia Foreign Affair/Trade
  • European Union
  • Head of Mission – Britain
  • Head of Mission – US Embassy
  • Head of Mission – New Zealand
  • Head of Mission – People’s Republic of China
  • Head of Mission – Republic of France
  • Australian National University/SSGM, Canberra Australia
  • Head of Mission – Japan
  • Pacific Island Forum Secretariat, Suva Fiji

Many of these international organizations are still scoping to deploy observers to observe the 2017 National Election in PNG.

 

Best wishes from PNG Electoral Commissioner

With the support from all our stakeholders, partners and technical advisors, PNG Electoral Commission is ready to conduct the 2017 National Election. On behalf of them, I wish all political parties and the independent candidates every success in the 2017 National Election. As your Electoral Commissioner, I strongly encourage everyone to behave well and engage in a free, fair, safe and a more democratic election unlike in past elections. The people of PNG will go to polls and express their choices in the ballot papers. May the choice candidate win. Good luck and best wishes!

 

http://postcourier.com.pg/2017-national-elections/

Another successful Investigation Task Force Sweep case

Loop Author 

Another man who was the subject of investigations by the Investigation Task Force Sweep Team has been convicted by the Waigani National Court for misappropriating K5.3 million.

Justice Panuel Mogish today found David Kumalau Pondros guilty of dishonestly applying to his own use and the use of others K5, 317, 375.16, money belonging to the Independent state of Papua New Guinea.

waigani court house

 

Chairman of the Investigation Task Force Sweep Team, Sam Koim and Director of National Fraud and Anti-Corruption Directorate Matthew Damaru were among those present in court today for the verdict.

Pondros is the Managing Director of David Consultants and Associates Ltd.

Between October 1, 2008 and October 31, 2010, he submitted a proposal for a Coconut Integration Facility project to be built in the Tol area of the Pomio District in East New Britain.

The proposal was submitted to then National Planning Minister Paul Tiensten on 30 October 2008.

It was approved and a letter was written by the Minister on April 16, 2009 advising his Secretary Joseph Lelang that funding was approved for a feasibility study to take place.

The first payment of K500, 000 was paid on 22 April 2009 for the feasibility study. On November 13, 2009 the second payment of K2.5 million was made and a further K3 million was paid on 22 June 2010.

From the sum of K6 million, the court found that only K682, 624.84 was used to purchase building materials which were left at the Rabaul Wharf.

Justice Mogish said no satisfactory explanation was given to account for the balance of K5, 317, 375.16 apart from the overwhelming evidence from state witnesses in the Tol area of Pomio that they did not see any Coconut Integrated project.

“The unavoidable conclusion must be that these monies were dishonestly applied to the use of the accused and others, and unrelated to the Pomio Integrated Coconut Project.

“I am satisfied beyond reasonable doubt that the state has established the guilt and I find him guilty to dishonestly applying to his use and the use of others K5, 317, 375.16,” Justice Mogish added.

Pondros will return to court on May 8 where submissions will be made on his penalty sentence.

He is currently serving a jail term of five years for a different case involving the misappropriation of K400,000.

The monies were paid for the purpose of conducting feasibility studies for the construction of jetties along the cost of Ijivitari.

MV Karimina, a vessel purchased by former Ijivitari MP the late Cecil King Doruba was to service the area from these jetties.

 

http://www.looppng.com/png-news/another-successful-itfs-case-56531

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