People urged to oppose Maladina Amendment
27 March 2010
THE PNG Media
Council has urged Papua New Guineans to confront Parliament and reject changes
to the Constitution that would weaken the powers of the Ombudsman Commission.
The so-called Maladina Amendment – named after its mover, Esa’ala MP Moses Maladina – would remove the Ombudsman’s power to issue directives preventing payments from public funds to officeholders it believes are using those funds improperly.
The Ombudsman has previously used the provision to stop MPs applying public money for their own personal or political activities.
The amendment to the Constitution has the wide support of politicians, passing the second reading 83-0 three weeks ago, but is drawing increasing public opposition. It will come before Parliament again in May for the final vote.
The Media Council has called on the public to say no to the change.
“The Maladina Amendment is a deliberate attempt to chip away at the independence and effectiveness of the Ombudsman,” said Council president Joe Kanekane [left].
“The amendment can be stopped by all of us acting together because the majority of the people are against this change,” he said.
“Mr Maladina does not have the mandate to bring this to Parliament. It follows then that Parliament did not have the mandate to bring this constitutional change onto the floor to be voted on.”
Mr Kanekane said any move to weaken and remove the powers of the Ombudsman must be treated with suspicion.
“At a time when the economy is about to undergo a major transformational change, the public expect their leaders to discuss and enact laws to strengthen and improve the efficiency and effectiveness of organisations like the Ombudsman Commission and police, so they can be assured that their increased wealth is protected.
“The Maladina amendment does nothing to give us any confidence that these institutions are being strengthened, as he claims,” he said.
Leading PNG lawyer
Peter Donigi has said the Maladina Amendment may be
unconstitutional because Parliament does not have powers to amend the
Constitution.
Thank you Paul Barker,
The leaders involved in the previous attack on the powers of the Ombudsman are now in the present Government. There is no doubt that the general educated public want a strong Ombudsman. Our leaders apparently do not represent the attitude of the electorate in this sensitive issue. The whittling away at the powers of the Ombudsman is a part of the nature of corruption.
Tony Flynn
Posted by: Tony Flynn | 09 August 2012 at 02:58 PM
This Amendment was apparently quietly gazetted in May 2012, just before the issue of writs..removing the OC's powers as stated here...
Posted by: Paul Barker | 07 August 2012 at 03:18 PM
Sony Pacus, I support you that the Ombudsman Commission (OC) does not carry out its duties efficiently and fairly like any other public institution in PNG, however I am against the move to amend the Constitution.
If there is ineffectiveness by OC then the government should be looking at rectifying the problem and not changing the Constitution.
Hire qualified and effective workers, increase incentives for OC employees, speak well of their efforts and, most importantly, cooperate with them during their investigations so that they can achieve substantial findings and not be above them, speaking of how stupid they are.
If Sir Michael Somare says the OC is stupid then he is also as stupid as they are, because he is structurally under their watchful eyes and directives.
All am saying is that the Constitution is as good as before. Leave it alone but change the people or their attitude within the OC. Thanks.
Posted by: Hardy | 19 April 2010 at 08:34 AM
The move of the government to amend the law to strip OC of its powers is questionable. It's high time we root out the old and bring in the new. A few bad fruit spoils the whole bunch.
PNG'ns in influential roles within the country should take the forefront in debating this matter and let the people decide.
98% of PNGs population do not know their rights. If they had known, the PNG government would've suffered under one too many lawsuits....and that's a fact.
Its time JUSTICE NEEDS TO BE DONE.
Posted by: Macdayne Gagau | 16 April 2010 at 07:35 PM
Moses Maladina has never done any thing for Esa'ala open. What is he intending to do for PNG? He's a nutshell that makes a lot of gong.
Posted by: Hardy Divirah | 16 April 2010 at 06:12 PM
It is indeed very sad to see that our so called national leaders are hell-bent on ensuring that they can rob the country of its financial resources and get away with it scot free. What a shame!
God help our beautiful nation and get rid of the corrupt leaders.
Posted by: Wilson F Tovirika | 16 April 2010 at 04:34 PM
The fact that corruption is on the increase despite the existence and operation of the Ombudsman Commission (OC) gives rise to many questions about the effectiveness of the OC. Is the OC truly an effective institution, has the OC reduced corruption. Obviously the answer is no.
The OC’s role has been two fold, first to protect against mal-administration and second to monitor the leadership code.
For the first part the 'Finance Inquiry' clearly proved that massive corruption exists in the public service and it continues to increase. We hear that corrupt practices in other areas of Government have not been addressed by the OC e.g. the health department and the issue of the purchase and supply of medicine. The OC has therefore failed in its duty to protect against mal-administration since its inception on Independence.
We however hear that the OC is focusing more on the leadership Code matters in recent times. This is well and good but have they succeeded in reducing corruption by Leaders. Again the answer is no.
Perhaps it is time to review the OC and its operation.
We hear for example that Parliament has not been sitting its required time period, what has the OC done? We hear that there are bank accounts held by corrupt government officials offshore e.g. in Singapore, what has the OC done? Why has the OC not referred those implicated in the Moti saga to the Public Prosecutor?
Under the present law, without the Maladina Amendments, I can assure you that nothing...nothing! will ever happen..and perhaps in 5 or 6 years if we are lucky the OC might comeback with a response. But by then it will be too late! This is in fact the current practice of the OC.
With the Maladina Amendments the OC has no choice but to act within 30 days apon receiving a complaint. Under the Maladina Amendment the OC has the powers to issue directives.. powers which they do NOT presently have.
Those who wish to make a comment read the Amendments carefully first before commenting. My observation is that people like Peter Aitsi and Noel Anjou have not properly read the Amendments and do not entirely understand the true nature of its impact on the OC.
Posted by: Sony Pacus | 14 April 2010 at 01:43 PM
The fact that corruption is on the increase despite the existence and operation of the Ombudsman Commission (OC) gives rise to many questions about the effectiveness of the OC. Is the OC truly an effective institution, has the OC reduced corruption? Obviously the answer is no.
The OC’s role has been twofold, first to protect against maladministration and second to monitor the leadership code.
For the first part, the 'Finance Inquiry' clearly proved that massive corruption exists in the public service and it continues to increase.
We hear that corrupt practices in other areas of Government have not been addressed by the OC, e.g., the Health Department and the issue of the purchase and supply of medicine. The OC has therefore failed in its duty to protect against maladministration since its inception at Independence.
We hear that it is focusing more on the Leadership Code matters in recent times. This is well and good, but have they succeeded in reducing corruption by leaders. Again the answer is no.
Perhaps it is time to review the OC and its operation.
We hear for example that parliament has not been sitting its required time period. What has the OC done? We hear that there are bank accounts held by corrupt government officials offshore, e.g., in Singapore, what has the OC done? Why has the OC not referred those implicated in the Moti saga to the Public Prosecutor?
Under the current law, without the Maladina Amendments, I can assure that nothing ... nothing will ever happen. And perhaps in 5 or 6 years if we are lucky the OC might come back with a response. But by then it will be too late!
With the Maladina Amendments, the OC has no choice but to act within 30 days upon receiving a complaint. Under the Maladina Amendment, the OC has the powers to issue directives, powers which they do presently have.
Those who wish to make a comment read the amendments carefully first before commenting. My observation is that people like Peter Lasi and Noel Anjou have not properly read the amendments and do not entirely understand the true nature of its impact on the OC.
Posted by: Sony Pacus | 14 April 2010 at 08:25 AM
In PNG the Community Coalition Against Corruption, an interest based coalition comprised of organisations and individuals from all sectors in society with support from Transparency International PNG, is taking the lead to push for the proposed amendment to be opposed.
At the moment we are circulating nationwide petitions to be signed by concerned Papua New Guineans opposing the amendment. We have a meeting planned with Mr Maladina but a date is yet to be set. Through this meeting we want to get his views of the amendment and find out why he wants that amendment to be done.
I see no substance in the comment posted by Richard Pamboa given our current activities.
Posted by: Henry [Community Coalition Against Corruption] | 07 April 2010 at 01:30 PM
Not sure why we still discussing Section 27 of the Constitution as it was passed in the last sitting and is now law. I would suggest the OC refer this matter to the Supreme Court for a ruling.
The matter on hand is the Organic Law on the Duties and Responsibilities of Leadership, which will be tabled in the next sitting for it's second reading. I know Hon Maladina quite well and I don't believe that he will back down on his Bill.
Finally, my observation is that over the years the Ombudsman has been moving away from its traditional role of keeping in check maladministration of Govt and focusing too much of the Leadership Code.
Hence cases of administrative failures have not been addressed by the OC. Doesn't surprise me that the politicians are now reviewing the OC's operations. What on earth does the OC expect!
Posted by: Richard Pamboa | 06 April 2010 at 02:04 PM
OC not keen on making changes
_____________________________
BY JONATHAN TANNOS, POST-COURIER
The Ombudsman Commission says it has only sparingly used Section 27(4) of the Constitution to prevent misuse of public money by leaders.
And on those occasions, it had saved millions of kina for the country.
“To amend it in any shape or form is akin to inviting corruption to flourish,” Chief Ombudsman Chronox Manek has warned.
Mr Manek was responding to moves by Parliament to amend the section through Esa’ala MP Moses Maladina.
Mr Manek said the commission “does not see the need for change.”
“The commission invokes the use of Section 27(4) very sparingly and only in very exceptional circumstances where there is prima facie evidence to demonstrate possible misuse of public funds,” Mr Manek said.
“This is intended to protect the integrity of leaders from possible conflict of interest or possible breach of the Leadership Code while matters are under investigation.”
He added that the section was not a hindrance to economic, social, cultural or infrastructure development of PNG “if the leaders and relevant bureaucrats were to follow established procedures for the disbursement of public funds.”
Mr Manek said Mr Maladina had first submitted the first proposed Bill last year but withdrew it due to procedural irregularities.
He said the Ombudsman had on two occasions formally sought consultation with Mr Maladina before debate on the amendments but to no avail, adding the invitations were still pending.
“The Ombudsman Commission is concerned that many of the proposals will hamper its ability to enforce the Leadership Code and making it harder to hold leaders accountable for their misconduct,” Mr Manek said.
He said that the change would make the work of the commission more difficult and created preferential treatment of leaders in relation to criminal offences.
He said it also presented inappropriate shifting of responsibilities of management of the public service from relevant ministers to the commission and confused its roles and that of the Leadership Code.
Posted by: NEWS WITH ATTITUDE | 28 March 2010 at 07:25 PM
Chopping off the branch of "the big tree" is something serious. We, the people of this nation, must stand up and fight against this ill act by self-centered, greedy and uncaring leaders.
PNG, what are we waiting for? Are we waiting for this power to be removed from Ombudsman Commission and do something later? If it means to protest, we have to do so. Why not?
Posted by: Joe Wasia | 27 March 2010 at 07:47 PM