"We declare our first goal to be for every person to be dynamically involved in the process of freeing himself or herself from every form of domination or oppression so that each man or woman will have the opportunity to develop as a whole person in relationship with others".


- Papua New Guinea National Goals and Directive Principles




Tuesday, 19 April 2011

Natural Resources are State Property claims Attorney-General

Source: 
The National, Monday, April 18, 2011

ATTORNEY-General Sir Arnold Amet is adamant the state owns all resources found six feet or deeper in the land. This included minerals and oil, he said.
Refuting ambassador Peter Donigi of Warner Shand Lawyers, who claimed that the state did not own natural resources, Sir Arnold said the Petroleum Act and Mining Act vested ownership of minerals and petroleum resources with the state.
The former chief justice said, as such, the state was the proper party to the gas agreement and it had validly executed the gas agreement (PNG LNG Agreement of May 22, 2008).
“Both the Oil and Gas Act 1998 and the Mining Act 1992 vest ownership of minerals and petroleum resources with the state,” Sir Arnold said in a statement last Friday.
“These two acts adopted state ownership rights for minerals and petroleum resources from pre-independence laws.”

Sir Arnold said Donigi had previously raised the issue in the National Court on a number of occasions and, each time, the court had ruled ownership rested with the state.
“Donigi has and continues to incite landowners from the LNG project areas with his vague argument, instead of pursuing legal redress through the higher courts to have the matter resolved,” the attorney-general said.
Attempts to get comments from Donigi failed as he was said to be in Hela.
The relevant laws state that all minerals and petroleum resources lying six feet below the surface of the land belong to the state.

There is a private member’s bill promoted by North Fly MP Boka Kondra that seeks to amend those particular clauses to vest all ownership of minerals and hydrocarbon resources in the owners of the land on which the resources are found.
It is yet to be made into law.
  

Sunday, 17 April 2011

Landowners Launch Legal Action Against LNG


Lawyers representing two groups of landowners in the Papua New Guinea (PNG) Highlands have written to Esso Highlands alleging that the legal agreement underpinning the massive PNG LNG project is flawed.

The PNG LNG project is the single largest foreign investment in the country's history and is having a profound impact on all aspects of Papua New Guinean society.

Warner Shand Lawyers are acting on behalf of landowners from Boera and Tuguba. The Tuguba landowners are from the Highlands and are challenging the ownership of the Hides gas fields. The Boera landowners are based outside the capital Port Moresby, near the LNG processing site. As such, the two claims potentially affect the whole of the PNG LNG project. The letter, which was printed in the localPost-Courieron 13 April, disputes the legality of the arrangement on two points.

Firstly, it claims that, contrary to Papua New Guinean law, the natural gas reserves in question belong not to the government but to the customary landowners. Warner Shand cites the United Nations Declaration on the Rights of Indigenous Peoples in support of this assertion. Secondly, Warner Shand argues that the state does not have the right to compulsorily acquire customary land for the purpose of the LNG project. On 14 April Minister for Lands Lucas Dekena stated that Papua New Guinea's Land Act did allow compulsory acquisition of land in cases of national importance, and that the LNG project fell into this category. Esso Highlands managing director Peter Graham said on 14 April that the company was in compliance with Papua New Guinea's laws, noting that Warner Shand's case represents a challenge to those laws on constitutional grounds, rather than an allegation of illegality on the part of Esso Highlands.

Significance:This challenge represents yet another example of Papua New Guinea's difficult operational environment. That said, it is unlikely that the government will allow it to make any headway; the importance of the PNG LNG project to the government's policy programme and the country's economy are too great.

Source: Neil Ashdown, Global Insights, 14/4/2011

Thursday, 14 April 2011

Corruption in Tari Pori District & Hela Transitional Authority


This Letter was addressed to the Prime Minister, DPM, Finance Minister and other relevant authorities for intervention in the newly created Hela Province.


MASSIVE CORRUPTION IN TARI PORI DISTRICT & HELA TRANSITIONAL AUTHORITY


This open letter is produced on behalf of all the peace loving women, children and youth of Tari Pori District. Enough is enough, we are fed up of our MP for not bringing any development to our areas. We are not his fools telling us to form youth groups and think and behave like youths (liklik pikininis). We are adults and as responsible adults, we are standing up to fight corruption in our land.

Please help us if you believe in helping children, women and youth. Please help us if your position exists to help the poor and suffering. Just visit our electorate, talk the district officials, physically inspect any projects being done, and go through their books. You will discover that Tari/Pori is rotten and stinks with corruption. Please get the message out there and expose corruption for what it is.

1.       Lack of Services in Tari Pori District
In the Hela Province to be, there are many positive changes taking place in Koroba/Kopiago and Komo/Magarima districts. However this is not the case in Tari Pori district. It is stagnant and the K17 million DSIP already handed down by Waigani has nothing to show for on the ground. We call on immediate and urgent investigation into the books of Tari Pori district by the authorities.
Many changes happening Tari Pori are initiated by the Governor Agiru and the Southern Highlands Provincial Government, but absolutely nothing by the Tari Pori MP and his district administration.
The district administrator David Takirako and District Treasurer Marago Dagoba must be questioned and fully investigated.

2.       Tari Pori District Treasurer, Mr. Marago Dagoba

2.1   The people in Tari Pori district knows that Mr. David Takirako is a passive player in the developments of the district. The MP only uses him to sign the district’s cheques.
2.2   The key player in facilitating corruption in the district is the district treasurer, Mr. Marago Dagoba. He served the former MP Tom Tomiabe as well.
2.3   We are attaching his bank statements (period 2005 to 2010) to demonstrate the level of corruption and his style of operation in both Tom Tomiabe and James Marabe’s reign. His BSP account # is 1000905367.
2.4   His bank statements show that he withdrew his monies on a daily basis from Mt Hagen, mainly in Juma and Goldline Lodges for accommodation, alcohol and pokies. He has been operating out of Hagen while the MPs operate out of Port Moresby. They only come to the district to withdraw money.
2.5   It interesting to note that between 2005 and mid 2007 (during Tomiabe’s reign) his cash withdrawal and cash deposits were minimal. But cash withdrawal and deposit figures started increasing exponentially when he was serving MP Marabe. This is because of increased funding into the districts in this term of Parliament.
2.6   Here are some examples:-
(i)                  21/12/07 – Cash deposit -  K11,800
(ii)                24/12/07 – Cash withdrawal - K10,700
(iii)               04/01/08 – Cash withdrawal - K5,200
(iv)              29/01/08 – Cheque deposit K17,300    Cheque from BSP acct # 1001317228, this account for Pai Mara Holdings, a company owned by John Tipa. Mr. Tipa is stunt supporter of James Marabe & Tari town manager). In here John is paying Marago his commission for awarding a contract to Pai Mara Holdings.
(v)                27/03/08 – Cash deposit K7,500
(vi)              17/05/08 – cheque deposit K7,000  (cheque from Tari Pori ope acc)
(vii)             24/07/08 – cash deposit K6,000
(viii)           08/08/08 – cash deposit K25,000    (from BSP acc# 1000905367, this is Marago’ another account)
(ix)              08/08/08 – cash deposit K5,000
(x)                11/09/08 – cheque deposit & cash withdrawal K80,000 (from acc# 1000931776, same day clearance. This BSP account is for Tari Pori district treasury)
(xi)              13/10/08 – cash deposit K6,100
(xii)             20/11/08 – cheque deposit  K51,000
(xiii)           11/12/08 – cheque K6,200 (Tari Pori DSIP)
(xiv)           05/01/09 – cheque deposit & cash withdrawal K30,000 (cheque from 1000931776)
(xv)            16/01/09 – cheque deposit & cash withdrawal K40,000 (cheque from 1000931776)
(xvi)           18/02/09 – cheque deposit K10,000, cash withdrawal K9,500) cheque from acc # 1000931776)
(xvii)         16/04/09 - cheque deposit & cash withdrawal K16,000 (cheque from 1000931776)
(xviii)        5/05/09 – cheque deposit K10,000, cash withdrawal K6,000) cheque from acc # 1000931776)
(xix)           1/06/09 - cheque deposit & cash withdrawal K30,000 (cheque from 1000931776)
(xx)            3/06/09 – cheque deposit K11,000, cash withdrawal K1,000 and K4,000) cheque from acc # 1000585280)
(xxi)           20/07/09 - cheque deposit K8,000 & cash withdrawal K3,000 (cheque from 1000931776)
(xxii)         30/07/09 - cheque deposit & cash withdrawal K33,500 (cheque from DSIP)
(xxiii)        12/08/09 - cash deposit K5,900
(xxiv)       14/08/09 – cheque deposit K3,000 (from DSIP)
(xxv)         01/09/09 – deposit K20,000 (transferred from BSP Acc # 1001475728. This account for Ipwenz Construction Ltd, a company owned by Moses Palibe. Here, Moses is paying Marago his commission for whatever contract was awarded to his company.
(xxvi)       01/09/09 – cash withdraw K15,000 and K5,000
(xxvii)      08/09/09 - cheque deposit & cash withdrawal K20,000 (cheque from 1000931776)
(xxviii)    08/09/09 – cash withdraw K10,000
(xxix)       28/09/09 – cash deposit K9,300
(xxx)         29/09/09 - cheque deposit & cash withdrawal K10,000 (cheque from 1000931776)
(xxxi)       6/10/09 – cash deposit K23,760
(xxxii)      7/10/09 – cheque deposit K16,000, cash withdraw K14,000
(xxxiii)    7/10/09 – cheque deposit K7,500
(xxxiv)    8/10/09 – cash deposit K4,850
(xxxv)     12/10/09 – cash withdraw K15,000 and also K24,175
(xxxvi)    21/10/09 - cheque deposit & cash withdrawal K50,000 (cheque from 1000931776)
(xxxvii)  21/10/09 – cash deposit K1,000
(xxxviii) 27/10/09 – cash deposit K6,500 and also K1,200
(xxxix)    9/11/09 - cheque deposit K25,000 & cash withdrawal K15,000 (cheque from 1000931776)
(xl)              9/11/09 – cash withdraw K24,125
(xli)             12/11/09 – cash deposit K10,500
(xlii)           17/11/09 - cheque deposit K500,000 & cash withdrawal K500,000 (cheque from 1000931776)  - same day clearance
(xliii)          14/12/09 - cheque deposit K37,500 & cash withdrawal K15,000 (cheque from 1000931776)
(xliv)         16/12/09 – cheque deposit K19,000 (DSIP) and cash withdrw K7,000
(xlv)           21/12/09 – cash withdrw K15,000
(xlvi)         22/12/09 – cash withdrw K4,000
(xlvii)        4/01/10 – deposit K50,000
(xlviii)      4/01/10 – cheque deposit K260,000 (from 1000931776)
(xlix)         4/01/10 – cash withdraw K310,000
(l)                  3/02/10 – cheque deposit and cash withdrw K10,000 (from 1000931776)
(li)                24/02/10 – deposit K17,305
(lii)               18/03/10 – cheque deposit K38,000 (from 1000931776)
(liii)             18/03/10 – cash withdrw K15,000 and K19,000
(liv)             25/03/10 – cheque deposit K40,000 and cash withdraw K15,000
(lv)              25/03/10 – cash withdrawal K19,000
(lvi)             1/04/10 – cheque deposit and cash withdraw K90,000 (from 1000931776)
(lvii)           16/04/10 – Cheque deposit K25,000 and cash withdrw K15,000
(lviii)        23/04/10 – cheque deposit and cash withdraw K500,000 (cheq from 1000931776)     - what a massive cash? For who and what for?
(lix)             28/05/10 - cheque deposit and cash withdraw K300,000 (cheq from 1000931776)
(lx)              28/05/10 – cash deposit K12,000
(lxi)             7/07/10 – cheque deposit and cash withdraw K42,000
(lxii)           13/07/10 - cheque deposit and cash withdraw K62,000
(lxiii)          8/10/10 – cheque deposit and cash withdrw K150,000
(Copies of actual transactions held for security reasons)

3.       Tari Pori Development Corporation Ltd

3.1   In mid 2008 the Tari Pori MP and Education Minister announced and launched in Tari the Tari Pori Development Corporation Ltd as the business arm of Tari Pori District.
3.2   This company was established without a JDPBPC resolution. If there exists one now then it was concocted for cover up purposes. The MP and the Presidents know the truth.
3.3   The Shareholders of the Company are Timon Awari and Tayago Hamano. The shareholders of this public company should be the President (LLG Head) of each of the Local Level Governments (LLGs) in the Tari Pori District. So the people of Tari Pori were being fooled big time.
3.4   Both Timon and Tayago are key supporters of the current MP. Timon is still one of the ministerial staff of Minister Marabe. If he is not now then he must have been removed to cover up but the records at PM’s Ministerial Services will show it.
3.5   This company owns machines such as excavators, dozers, graders, and trucks. The company’s yard at the MP’s village in Paipele. The yard also houses a service station, also owned by the company.
3.6   The banking transactions are attached. The BSP account # 1001416049. Funds totaling to millions of kina were being transferred from the district account, still without any JDPBPC resolutions, to this company privately owned by Timon and Tayago. This is a classic corruption under false pretence.
3.7   It is the clear that the company is owned and controlled by the MP himself using Timon and Tayago.
3.8   The proceeds from the company are never declared to the presidents in any JDPBPC meeting. Things were kept secret and private.
(Appendix and copies of these information held back for security reasons)


4.       Paipeli Technical High School
The land for this school was bought by the Southern highlands provincial government (SHPG). Also, SHPG built the 2 storey double classroom there. Minister Marabe, being the education minister got the highest RESI funds totaling K13.5 million. Who got the contracts and where are the school infrastructure built with this money? The district administrator and treasurer must be questioned.
Minister Marabe also allocated K700,000 of the Hela Transitional Authority for this school. Why is that after it received abundant funds from national government? What happened to that K700,000?

5.       Tari Pori Market
Under the national governments district market program, Tari Pori district got K2.5 million to build its market on 30 July 2008. To date there is no market project done with this money? It is rumoured that the contractor and the Minister colluded and misused the money. An investigation in this matter is still pending.
The contractor is Selpriz (PNG) Ltd. The copy of the cheque is attached.
(Copy of cheque held back for security reasons)

6.       National Agriculture Development Program (NADP)
Under this program Tari Pori got some cows but we heard that the cows are all in Mendi under the care and ownership of his cousin brother Moses Palipe. Why in Mendi? Minister Marabe is partly related to Subiri people in Mendi and that where he is hiding the cows. What a shame and misapplication of projects?
7.       Moses Palipe – what is his position within Tari Pori District?

7.1   Moses Palipe is the cousin brother of MP Marabe and he is his key cohort. Prior to mid 2007 he was only an employee with oil search ltd. After Marabe’s victory, just look at how his cashflow has increased and improved dramatically.
(i)                  29/05/08 – cheque deposit K36,000
(ii)                30/05/08 – cash withdrw K16,000
(iii)               3/06/08 – cash withdrw K15,000
(iv)              7/10/08 – cheque deposit and cash withdrw K26,178.76
(v)                13/11/08 – cheque deposit K5,000 (from Ipwenz constructions Ltd)
(vi)              26/11/08 - cheque deposit K10,000 (from Ipwenz constructions Ltd)
(vii)             31/12/08 – cheque deposit K300,000 (from 1000585280)
(viii)           7/01/09 – cash withdrw K285,000
(ix)              9/01/09 – cash withdrw K5,000
(x)                9/01/09 – cash deposit K9,000
(xi)              16/02/09 – cheque deposit K21,000 and cash withdrw K10,000
(xii)             20/08/09 – cheque deposit & cash withdrw K15,000  (from BSP Acc # 10001475728, Ipwenz Construction Ltd)
(xiii)           1/09/09 – cheque deposit K15,000
(xiv)           7/10/09 – cheque deposit K15,000
(xv)            11/12/09 – cheque deposit K19,000
(xvi)           4/01/10 – cheque deposit K20,000 (from Ipwenz construction)
(xvii)         8/02/10 – cheque deposit K31,000 (from acc# 1001475728)
(xviii)        17/03/10 – cheque deposit K20,000 (from Ipwenz construction)
(xix)           7/06 /10 – cheque deposit K25,000
(xx)            15/06/10 – cheque deposit K50,000
(xxi)           10/08/10 – cheque deposit K100,000 (from Tari Pori District acc)
(xxii)         10/08/10 – cash withdraw K40,000
(xxiii)        12/08/10 – deposited K60,000 into acc # 1000448594. This account is for Timon Awari.
(xxiv)       1/09/10 – cheque deposit K15,000 (from Ipwenz)

7.2   Mr Palipe must be on the SHPG Payroll as the district affairs officer for Tari Pori.
7.3   He is also the sole owner of Ipwenz Construction Ltd. He is running his company whilst at the same time collecting his salary from SHPG. This is corruption.
(Actual Copies of these information held back for security reasons)

8.       Ipwenz Construction Ltd

8.1   IPA records show that Moses Palipe is the shareholder of this company. The BSP bank statements attached also confirms that. He is the sole signatory to the account numbered 1001475728.
8.2   This company was established only in 2009. Some of the classic transactions are:-
(i)                  4/11/08 – cheque deposit K295,000 (from Tari Pori district account)
(ii)                7/11/08 – wrote cheque for K50,000
(iii)               18/11/08 – cashed K170,000 by moses palipe
(iv)              26/11/08 – transferred K10,000 to Moses palipe’s acc # 1000441493
(v)                27/11/08 – cash K50,000
(vi)              19/01/09 – cheque deposit K200,000 (cheque from Tari pori district acc)
(vii)             29/01/09 – cashed K120,000 by Moses Palipe
(viii)           24/02/09 – cashed K10,000 by Steven Temo
(ix)              5/03/09 – cashed K20,000 by Moses Palipe
(x)                12/03/09 – cashed K18,000
(xi)              18/03/09 – cheque deposit K150,000 (from Tari Pori acc)
(xii)             30/03/09 – cashed K3,000
(xiii)           3/04/09 – cashed K20,000
(xiv)           6/04/09 – cashed K20,000
(xv)            15/04/09 – cashed K16,000
(xvi)           1/05/09 – cashed K5,000
(xvii)         11/05/09 – cashed K15,000
(xviii)        9/06/09 – cashed K10,000
(xix)           17/06/09 – cashed K19,000
(xx)            21/07/09 - Cheque deposit K110,000
(xxi)           21/07/09 – cashed K105,000
(xxii)         30/07/09 – cheque deposit K550,000 (Tari Pori DSIP cheq#46)
(xxiii)        30/07/09 – K33,500 transferred from 1000905367
(xxiv)       20/08/09 – cashed K34,000
(xxv)         1/09/09 – cashed K50,000
(xxvi)       8/09/09 – Cheque deposit K150,000
(xxvii)      10/09/09 – cheque payment K100,000
(xxviii)    11/09/09 – cashed K19,500
(xxix)       21/09/09 – cashed K30,000
(xxx)         24/09/09 – cheque payment K230,000
(xxxi)       29/09/09 – cashed K20,000
(xxxii)      7/10/09 – cashed K154,000
(xxxiii)    27/10/09 – Cheque deposit K2,600,000 (from BSP acc# 1000931776)
(xxxiv)    27/10/09 – cashed K55,000
(xxxv)     2/11/09 – cashed K200,000
(xxxvi)    24/11/09 – cashed K223,000
(xxxvii)  24/02/10 – cheque deposit K300,000 (from Tari Pori acc)
(xxxviii) 8/04/10 – cheque deposit K30,000  (from Tari Pori Development Corporation Ltd)
(xxxix)    28/05/10 – cheque deposit K1,200,000 (from Tari Pori acc#)
(xl)              15/06/10 – cheque deposit K300,000 (Dept of Works)
(xli)             12/08/10 – cheque deposit K200,000 (from Tari Pori DSIP)
(xlii)           15/09/10 – cheque deposit K290,000 (from Tari Pori DSIP)


9.       Gun Accumulation
In the 2002 failed elections in Hela, Marabe and Tomiabe’s supporters fought and some people died. Now Marabe is mobilizing guns through Moses Palipe and a senior police officer in Mobile Squad 09. People on the ground in Tari, especially in Piripu Paipela areas are aware of this. Why is a government Minister and SDA church goer doing this?
Answer is simple, he has not delivered any projects from any of the funds, especially DSIP so he wants to retain his seat by the means of exerting fear amongst voters. We urge your office to intervene.
10.   CORRUPTION IN HELA TRANSITIONAL AUTHORITY (HTA)
James Marabe is the Chairman of Hela Transitional Authority. He was politically selected for National Alliance Party’s convenience. He is not the preferred person because of his corrupt style of leadership. He goes to SDA church to paint an image that he is a good man but that in itself is highly deceiving.
The national government has allocated initially K2.5 million and K33 million later for HTA. Where are all these money? There is nothing happening on the ground. To cover all these mess, he pushed for his cousin William Bando to be the CEO for HTA and he has won through NA party. Most MPs are corrupt and James Marabe is one of them.

Out of the K33 million, K10 million was given for rural electricity and K23 million for the construction of a Hela Provincial Government Building. The funds were totally misappropriated by the Chairman of HTA. The Dept of National Planning should release clarity on this matter.


Conclusion

The books of Tari Pori district and HTA must be audited and investigated immediately.  

The contractors who got the money from Tari Pori DSG, DSIP, RESI, Market, Rural Roads programs must show their projects to the investigators. We won’t be surprised if many of them end in jails.

Why are companies that receive monies from Tari Pori District administration get some monies back to the District Treasurer? They must be doing the same to the District Administrator and the MP as well. This is daylight robbery and corruption. They must be charged and appropriate disciplinary actions must be taken.

Tari Pori Development Corporation Ltd must be investigated. This is a private company, yet the MP deceived the people. This is a big time corruption by the MP & Minister for Education.


How can a State Minister who is in charge of the country’s little kids education allows corruption to flower brightly in his yard. Common on, this is not fair.
                
Where did the MP Marabe get the money to own number of houses worth millions of kina in Korobosea, Waigani, and Boroko areas?

For and on behalf of the people of Tari/Pori, Inaga Uru O,

Henry Taralu                                                                                    Max Matane
Youth Leader – Hayapuga LLG                                                  Tari Urban Youth Leader


Haroli Tawanda                                                                               Malingi Tataipuya
Tagali LLG Youth Leader                                                              Tebi LLG Youth Leader


Janita Marabe                                                                                 Hongoli Honowane
Women & Children Foundation Inc, Hela                             Disable Association, Hela


NOTE:
Copies of actual transactions, Cheques, meeting minutes etc have been withheld by the source.