PEOPLE OFTEN ASK whether there are two sets of laws when it comes to equal justice for all in PNG.

In the newsaper I again see concerns raised, with the headline 'Laws for Rich & Poor'. The story is about Sam Kewa of the Western Highlands who is sentenced to 12 months in prison for stealing a bilum and a K7.80 packet of lamb flaps.

He will pay dearly for his criminal actions, even though the reasons for stealing may have begun from a hungry stomach or a need to feed his family.

Papua New Guineans, mainly small people, submit to the law of this land while people of high profile live lives without fear of the law, pushing corruption to unprecedented heights.

Stealing K100,000 20 years ago would spark a nationwide march, but today K100 million can be misappropriated and the nation just watches, and mumbles over it, and forgets it the next day.

Most times the politicians and departmental heads entrusted to safeguard the wealth of this nation are the ones who steal from the vault they guard, often in collaboration with private business.

Our leaders have a lot to answer fo, but seem to be immune from the rule of law. The lower class are the only ones answerable to the law of this land.

The rule of law, which is the foundation of civilised society, demands that all persons are equal before it. The law is the master of the government. The government is its slave; not the reverse.

That the law should govern, and that those in power are its servants, is central to democracy, a system PNG has adopted through our Constitution.

The Constitution, particularly section 197(2), empowers the Police to perform their duties without control or direction from any other person.

The Courts have held that the decision to lay a charge by Police investigating a crime is an unfettered discretion.

Whether of high or low profile, every person is equal before the law and all have to be dealt with in the same way. Justice must not only be done, but it must be seen to be done.

The Police know what to do but they are not doing it.

If fear of malicious prosecution is the reason for not charging accomplices to crime, it is an unreasonable and a cover-up excuse. Section 7 of the Criminal Code Act provides that every person who aids another person in committing an offence is also a principal offender.

If ordinary people named in a crime can easily be picked up from the street and charged, why is the same not true for politicians and departmental heads. Their culpability is very high because they are leaders.

That there is evidence behind current allegations tells a story of worsening corruption. The law enforcement agencies cannot, should not, ignore these concerns.

The continuing inaction and silence of the Police in allowing high profile crimes to fade with time without justice being done is nothing but a recipe for disaster.

It is directly corroding the foundations of democracy, which is the rule of law.

Civil society is fed up with the complete disregard of lawful duties by the Police. Bribery and other forms of corruption are weakening the functions of the Police as an independent body.

A number of cases are still pending for investigation and prosecution, yet nothing is done. These involve very senior members of parliament, departmental heads and various business people associated with organised mafia activities operated by Asians. These are all very well known to the Police.

The Ombudsman Commission, the Public Prosecutor and the Police are funded by taxpayers' money and must execute their duties. Their failure can only form an opinion in the public of two sets of laws: one for the rich and powerful citizens and one for the majority, mainly the poor and marginalised citizens.

Outgoing Chief Magistrate John Numapo recently made headlines in the print media when he claimed that the magisterial service has been politicised, an allegation that brings into question the independence of our whole judicial system.

I am not surprised, because many political cases hang in the air.

Nobody will answer the concerns I have raised. But if the Ombudsman Commission, the Police, the Public Prosecutor and other law enforcement agencies cannot do their jobs, this nation will decay into corruption and eventually become a failed state.

If nobody can apply justice, then I commit this debate of mine to God to intervene.

So God, please help Papua New Guinea.

* Sam Basil is the Member for Bulolo in the PNG national parliament. This is an edited version of a speech made in the House last week.