Ombudsman Commission Annual Report 2007

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    Ombudsman Commission Annual Report for 2007

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  • ANNUAL REPORT

    For the period 1 January 2007 to 31 December 2007

  • Page 2 of 56

  • “Lead and promote good Governance and Leadership.”

    The Constitution clearly states in Section 218 the purposes of Ombudsman Commis-
    sion are to:

    ♦ help in the elimination of unfair or otherwise defective legislation and practice
    affecting or administered by governmental bodies;

    ♦ supervise the enforcement of the Leadership Code;

    ♦ help in the improvement of the work of governmental bodies and the elimination
    of unfairness and discrimination by them;

    ♦ ensure that all governmental bodies are responsive to the needs and aspirations
    of the people and

    ♦ work with the Law and Justice Sector (LJS) in ensuring that there is improved
    accountability and reduced corruption.

    This constitutional mandate provides the Ombudsman Commission with its mission.

    [Ombudsman Commission Strategic Plan 2006 – 2010]

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  • Page 4 of 56

  • Ombudsman Commission
    of
    Papua New Guinea

    ANNUAL REPORT 2007

    For the period
    1 January 2007 to 31 December 2007

  • Page 5 of 56

  • LIST OF ABBREVIATIONS

    AIDS Acquired Immune Deficiency Syndrome
    AMS Asset Management System
    AO Administrative Officer
    APOR Australasian and Pacific Ombudsman Region
    APP Annual Program Plan
    ASAU Annual Statements Assessment Unit
    BAC Bachelor of Commerce
    BMA Business Management Account
    CAIB Complaints and Administrative Investigations Branch
    CBE Commander of the Order of British Empire
    CCAC Community Coalition Against Corruption
    CEO Chief Executive Officer
    CHRIS Complete Human Resources Information System
    CJ Chief Justice
    CMC Contract Management Committee
    CMG Companion of the Order of St Michael and St George
    CMS Case Management System
    CPC Constitutional Planning Committee
    CS Correctional Services
    CSTB Central Supplies and Tenders Board
    DCJ Deputy Chief Justice
    DPM Department of Personnel Management
    DSG District Support Grant
    ERP External Relations Program
    GBLP Governmental Bodies Liaison Program
    GG Governor-General
    HIV Human Immune-Deficiency Virus
    IAACA International Association of Anti-Corruption Authorities
    ICRAF Individual and Community Rights Advocacy Forum
    IOI International Ombudsman Institute
    ISU Intake and Screening Unit
    IT Information Technology
    LJSP Law and Justice Sector Program
    LJSWG Law and Justice Sector Working Group
    LLG Local-level Government
    MBA Masters In Business Administration
    MBE Member of the British Empire
    MD Managing Director
    MOA Memorandum of Agreement
    MOC Members of the Commission
    MOU Memorandum of Understanding
    MP Member of Parliament
    NCD National Capital District
    NCDC National Capital District Commission
    NEC National Executive Council
    NGI New Guinea Islands

  • Page 6 of 56

  • LIST OF ABBREVIATIONS

    NGO Non-Government Organization
    NHC National Housing Corporation
    NJSS National Judicial Staff Services
    OAC Ombudsman Appointments Committee
    OC Ombudsman Commission
    OCPNG Ombudsman Commission of Papua New Guinea
    OLDRL Organic Law on the Duties and Responsibilities of Leadership
    OLGRICOH Organic Law on the Guarantee of the Rights and Independence of Constitutional
    Office-Holders
    OLIPPC Organic Law on the Integrity of Political Parties and Candidates
    OLOC Organic Law on the Ombudsman Commission
    OLPGLLG Organic Law on Provincial Governments and Local-level Governments
    OWC Office of Workers Compensation
    PIOF Pacific Islands Ombudsman Forum
    PNG Papua New Guinea
    Pom DC Port Moresby District Court
    POSF Public Officers Superannuation Fund
    PPA Provincial Program Advisor
    PP Public Prosecutor
    PSC Public Services Commission
    PSCOC Parliamentary Select Committee on the Ombudsman Commission
    RDB Rural Development Bank
    RPNGC Royal Papua New Guinea Constabulary
    RTBH Right to be Heard
    SMSS Senior Manager, Support Services
    SRC Salaries and Remuneration Commission
    TSIRMP Transport Sector Infrastructure Rehabilitation and Maintenance Program
    USP University of South Pacific

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  • TABLE OF CONTENTS

    1. YEAR IN REVIEW__________________________________________________ 1
    2. THE OMBUDSMAN COMMISSION______________________________________ 3
    3. CORPORATE GOVERNANCE________________________________________ 9
    4. ENFORCING THE LAW ON THE OMBUDSMAN COMMISSION______________ 12
    5. ENFORCING THE LEADERSHIP CODE_________________________________ 19
    6. DIRECTIONS UNDER SECTION 27 (4) OF THE CONSTITUTION____________ 23
    7. OMBUDSMAN COMMISSION IN COURT________________________________ 25
    8. ISSUES OF CONSTITUTIONAL SIGNIFICANCE__________________________ 27
    9. REGIONS AND EXTERNAL RELATIONS DIVISION________________________ 29
    10. AUDITED FINANCIAL REPORT_______________________________________ 35
    11. APPENDICES______________________________________________________ 40
    Appendix 1 – List of Leaders referred to the Public Prosecutor as at 31st December
    2007__________________________________________________ 41
    Appendix 2 – List of OLOC Reports produced since 1975____________________ 44
    Appendix 3 – List of Governmental Bodies under GBLP up to 2007____________ 46

    Appendix 4 – Former members of the Commission__________________________ 47
    Appendix 5 – Contact Details___________________________________________ 48

    12. TABLES
    Table 1 __________________________________________________________ 13
    Table 2___________________________________________________________ 19
    Table 3___________________________________________________________ 20
    Table 4___________________________________________________________ 26
    Table 5___________________________________________________________ 30
    Table 6___________________________________________________________ 34

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  • 2007 Annual Report Page 1

    CHAPTER 1. YEAR IN REVIEW
    The year 2007 unfolded with different forms of challenges fully testing the Ombudsman Commission’s potential and allowing it to
    appreciate the contributions made, towards the goal of improved accountability and reduced corruption; further bearing in mind the
    vision to lead and promote good governance and leadership.

    National General Elections

    The year was dominated with activities related to the National General Elections. It was the most significant period for the Leader-
    ship Division with 90 per cent of their activities being put on hold pending the completion of the National General Elections. The
    Complaints Administration and Investigation Division however continued to administer the receipt and resolution of administrative
    complaints against government bodies in accordance with the Organic Law on the Ombudsman Commission.

    Regions and External Relations Division

    The Regions and External Relations Division was created and approved by the Commission to strengthen and align further, the
    administration of the different stages of complaints receipt and distribution of cases to be escalated for investigations. The new
    Division took on the role of engaging with the public and other stakeholders and of administering the Regional Offices, which had
    formerly been administered by the Complaints Administration and Investigation Division (CAID).

    The creation of the new Division also fully institutionalised the Governmental Bodies Liaison Program (GBLP) and the External
    Relations Programs (ERP) consolidating them into one Office within the Division.

    Governmental Liaison Program

    The Ombudsman Commission through its GBLP continued to work to strengthen the role of Liaison Officers in government bodies,
    national line agencies, statutory agencies and provincial administrations. Three major workshops for Liaison Officers were
    conducted in the year. The significance of these workshops showed in the level of improved liaison between the CAID and govern-
    mental bodies in addressing grievances from the public in a timely manner.

    External Relations Program

    The Commission visited provinces, villages, educational institutions and other groups to talk about its roles and functions. During
    the period between January and February 2007, a team of Commission Officers visited the Milne Bay Province and visited the
    Trobriand Islands covering Kitava, and Kaibola. Their trip also covered parts of the Samarai Murua District including Misima,
    Sudest, and Rossell Islands. Target groups which the team met with included Local Level Government Officials and the
    Community.

    Law and Justice Sector Program

    Direction and implementation of law and justice sector initiatives at the agency level was strongly driven under the leadership of the
    Chief Ombudsman Ila Geno. The Commission’s contribution to the Law and Justice Sector Program was demonstrated in its repre-
    sentation at the National Coordinating Mechanism by the Chief Ombudsman, through representation at the Sector Working Group
    by the Secretary and Activity Management Teams by line Managers.

    Seventeen (17) Programs and/or Activities were implemented under the Sector Program generally complementing the Commis-
    sion’s core functions in complaints administration and investigations and referrals to the Public Prosecutor. Under the program
    support the Commission advanced further to extend its institutional strengthening activities and projects.

    A notable milestone to attest to this is the Twinning Program between the Ombudsman Commission of PNG and the Common-
    wealth Ombudsman of Australia. Commitment to foster a stronger working relationship was renewed in a revised Memorandum of
    Agreement in June 2007.

    Year in Review

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  • 2007 Annual Report Page 2

    Arrival of new Ombudsman – Ombudsman Phoebe Sangetari

    After the departure of Ombudsman Peter Masi in June 2007, the Ombudsman Appointments Committee appointed Ms Phoebe
    Sangetari, on 15 November 2007 in accordance with Section 217 of the Constitution and Section 5(1) (b) of the Organic Law on the
    Ombudsman Commission. The Governor General Grand Chief Sir Paulias Matane signed instruments effecting Ombudsman
    Sangetari’s appointment for a period of six years with effect from 15 November 2007.

    Prior to joining the Commission, Ombudsman Sangetari, a lawyer by profession, held senior positions in various public sector
    institutions including holding the position of Deputy State Solicitor responsible for International Law and Human Rights matters with
    the Department of Justice and Attorney General immediately before her appointment as Ombudsman.

    Ombudsman Sangetari is the second lady Ombudsman in the country’s 32 year history, the first one, being Ms Jean Kekedo OBE,
    who served as an Ombudsman from 1 March 1982 to 8 October 1986.

    Chief Ombudsman receives prestigious award

    Chief Ombudsman Ila Geno was the proud recipient of the prestigious Siaguru Integrity Award for his outstanding leadership in
    fighting corruption at all levels of government and community. This award was accorded to the Chief Ombudsman in December 2007
    at a ceremony that coincided with Transparency International’s (TIPNG) 10th Anniversary celebrations during which the Chief
    Ombudsman was given exceptional praise.

    The award is the first of its kind since the inception of the TIPNG and had been established to honour individuals and organisations
    that have demonstrated outstanding courage and leadership in fighting corruption.

    TIPNG recognised Chief Ombudsman Ila Geno as a deserving individual for his determination and bravery in fighting corruption. The
    award was meant to mark the legacy of the esteemed founder Sir Anthony Siaguru and other like minded individuals such as Mel
    Togolo, Richard Kassman, John Nongorr and Dame Meg Taylor who started the TIPNG ten years ago.

    ☯ ☯ ☯

    Year in Review

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  • 2007 Annual Report Page 3

    CHAPTER 2. THE OMBUDSMAN COMMISSION

    MEMBERS OF THE OMBUDSMAN COMMISSION (MOC)

    The Ombudsman Commission is headed by a Chief Ombudsman and two Ombudsmen. The Members of the Commission for this
    reporting period are Chief Ombudsman Ila Geno, Ombudsman Peter Masi (until the expiry of his term on 25/05/07), Ombudsman
    John Nero and Ombudsman Phoebe Sangetari.

    Chief Ombudsman Ila Geno, OBE QPM
    Chief Ombudsman, Ila Geno, comes from Karawa village in the Hood Lagoon area of the Central
    Province. He completed secondary education at Sogeri High School in 1967 and joined the Royal
    Papua New Guinea Constabulary the following year as a direct entry cadet. Mr Geno matriculated and
    completed a Diploma in Police Science at the University of Papua New Guinea from 1974 to 1975. Mr.
    Geno has 24 years experience with the Police Force, having served as a detective, rising to the level of
    Chief Superintendent, Director of Criminal Investigations, Deputy Commissioner and Commissioner of
    Police in 1990. He was appointed Commissioner and Chairman of the Public Services Commission in
    1992. He was appointed an Ombudsman in December 1998 and assumed duties as Chief Ombudsman
    on 1 January 2001.

    Ombudsman John Nero, BAC MBA
    Ombudsman John Nero comes from Kasena village in the Eastern Highlands Province. Mr Nero holds
    a Bachelor in Commerce (BAC) degree from the University of Papua New Guinea. He joined the Fi-
    nance and Planning Department as a Finance Inspector for four and a half years before joining the
    Ombudsman Commission as a Senior Investigator and later Deputy Director (Leadership) in April 2002
    until his appointment as Ombudsman in February 2005.Ombudsman Nero holds a Masters in Business
    Administration (MBA) from the Queensland University in Brisbane, Australia, having graduated in 1999
    and is an active member of the Certified Practising Accountants, CPA PNG.

    Ombudsman Phoebe Sangetari, LLB LLM

    Ombudsman Phoebe Sangetari comes from Samba village in the Oro Province. Ms Sangetari was
    appointed as Ombudsman on 15 November 2007 and filled the position vacated by Ombudsman Peter
    Masi whose term expired on 24 May 2007. She holds a Bachelor of Law Degree from UPNG and a
    Master of Law Degree from the Australian National University (ANU) in Canberra. Prior to her appoint-
    ment as an Ombudsman, Ms Sangetari served as an officer of the Ombudsman Commission and also
    held various senior positions with various Government Departments. Ms Sangetari is the second
    female Ombudsman after Ms Jean Kekedo in the history of PNG. She is a member of the PNG Law
    Society.

    The Ombudsman Commission

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  • 2007 Annual Report Page 4

    The Ombudsman Commission

    The Ombudsman Commission was established to guard against the abuse of power by those in the public sector; assist those exercising
    public power to do their jobs efficiently and fairly; impose accountability on those who are exercising public power; and guard against
    discriminatory practices by any person.

    The Commission aims to ensure that all government bodies are responsive to the needs and aspirations of the people; to help in the
    improvement of the work of governmental bodies and the elimination of unfairness and discrimination by them; help in the elimination of
    unfair or otherwise defective legislation and practices affecting or administered by governmental bodies; and supervise the enforcement of
    the Leadership Code.

    The Constitution and the two Organic Laws

    The investigative powers of the Ombudsman Commission are exercised under the Constitution and two Organic Laws namely the Organic
    Law on the Ombudsman Commission and the Organic Law on the Duties and Responsibilities of Leadership.

    Section 11 of the Constitution states that the Constitution and the Organic Laws are the Supreme Laws of Papua New Guinea. Organic
    Laws therefore have a higher status than Acts of Parliament. If there is any inconsistency between the provisions of an Act and those of an
    Organic Law, the latter will prevail. Likewise if there is any inconsistency between the Constitution and an Organic Law, the Constitution will
    prevail.

    The fact that two Organic Laws have been specifically enacted to provide for Ombudsman Commission investigations reflects the very high
    status of such investigations. It also has significant practical consequences. If compliance with a direction issued or summons by the
    Commission under one of its Organic Laws would involve the breach of an Act of Parliament, the Commission’s direction will have
    precedence. For example, if the Commission issues a summons for the Internal Revenue Commission to produce certain documents, the
    secrecy provisions of the Income Tax Act and the Customs Act have to “give way” to the summons.

    The Appointment of the Members of the Ombudsman Commission

    The Chief Ombudsman and the two Ombudsmen are appointed by the Governor-General, acting on the advice of the Ombudsman
    Appointments Committee (Constitution, Section 217(2)). This Committee consists of:

    • the Prime Minister as Chairman;
    • the Chief Justice;
    • the Leader of the Opposition;
    • the Chairman of the Public Services Commission; and
    • the Chairman of the Permanent Parliamentary Committee on Appointments.
    Accountability

    The Constitution and the Organic Law on the Guarantee of the Rights and Independence of Constitutional Office-holders
    (OLGRICOH) provide for the accountability of the Members of the Ombudsman Commission. They are accountable to Parliament and
    like other Leaders, are themselves, subject to the Leadership Code.

    The Ombudsman Commission

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  • 2007 Annual Report Page 5

    Section 220 of the Constitution also imposes an administrative duty on the Commission to report to
    Parliament on the operation of the Commission every twelve (12) months.

    PRIMARY FUNCTIONS

    The Commission has three primary functions outlined below.

    FUNCTION SOURCE OF POWER

    1. Investigation of alleged wrong conduct Constitution, Sections 219(1)(a) &
    and defective administration by 219(1)(b); Organic Law on the
    government bodies. Ombudsman Commission

    2. Investigation of alleged discriminatory Constitution, Section 219(1)(c);Organic
    practices, by any person or body. Law on the Ombudsman Commission;
    Discriminatory Practices Act.

    3. Investigation of alleged or suspected Constitution Section 219(1)(d); Organic,
    misconduct in office under the Law on the Duties and Responsibilities
    Leadership Code. of Leadership.

    The Ombudsman Commission

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  • 2007 Annual Report Page 6

    COMPLEMENTARY FUNCTIONS

    The Commission has a number of complementary functions as outlined below:

    FUNCTION SOURCE OF POWER

    1 Power to make special references to the Supreme Court on questions Constitution, Section 19.
    of constitutional interpretation
    2 (Implied) power to protect and enforce Basic Rights and Constitution, Section 57.
    freedom under the Constitution.
    3 Power to advise (jointly with the NEC) the Queen and Head of Constitution, Sections 87(3)&(4)
    State, to consent to the Governor-General holding another office or
    position or engaging in another calling.

    4 Power to help enforce the Organic Law regulating political parties, Constitution, Sections 12 &130;
    political donations and the protection of elections from outside or Organic Law on the Integrity of
    hidden influences. Political Parties and Candidates.
    5 Power given to Chief Ombudsman to participate in judicial Constitution, Section 183; Or-
    appointments etc, by virtue of his membership of the Judicial and Legal ganic Law on the Judicial and
    Services Commission. Legal Services Commission.
    6 Power given to Chief Ombudsman to participate in the appointment of Constitution Section 190(2)(e).
    Public Services Commissioners by virtue of his membership of the
    Public Services Commissioners’ Appointment Committee.

    THE SERVICE OF THE COMMISSION

    Section 25 of the Organic Law on the Ombudsman Commission (OLOC) requires the Commission to appoint a Secretary and
    Counsel to the Commission. Following a major Comprehensive Management Review on the Ombudsman Commission in 2005 by
    Deloitte Touche Tohmatsu the Office of Director Operations was abolished and Director Regions and External Relations was cre-
    ated bringing the number of Senior Executives to five.

    Office of the Secretary

    The Office of the Secretary is headed by the Secretary to the Commission Mr Mavara Sere who comes from Hanuabada village,
    National Capital District. He has served the Commission for more than 15 years and holds a Bachelor of Arts major in Commerce
    degree from the University of Papua New Guinea.

    Office of Counsel

    The Office of Counsel is headed by the Counsel to the Commission, Mr Nemo Yalo. Mr. Yalo comes from Yankuri Village in the
    Erave District of the Southern Highlands Province. Mr Yalo joined the Commission in 2001 as a Legal Officer and has been with the
    Commission for five years. He holds a Bachelor of Law Degree from the Bond University in Gold Coast, Australia.

    Leadership Division

    The Leadership Division was created as a result of the Comprehensive Management Review (CMR) recommendations to accom-
    modate a directorate which will be responsible for the discharge of duties relating to Leadership Code and incumbent, Roderick
    Kamburi, was appointed to oversee the administrative roles of the Division.

    The Ombudsman Commission

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  • 2007 Annual Report Page 7

    Complaints Administrative and Investigative Division

    Similarly, a directorate for the Complaints Administration and Investigation Division was established with a Director who will be re-
    sponsible for the administration of Complaints Administration and Investigations. The incumbent Director, Mr. Joseph Molita was ap-
    pointed to take charge of the Division which comprises of an Anti-Discriminatory and Human Rights Unit (ADHRU) and four Investiga-
    tion Teams.

    Regions and External Relations

    The establishment of a Regions and External Relations Division in 2007 was also a recommendation of the CMR. The Division is re-
    sponsible for the administration of Regional Offices and External Relations Programs to facilitate investigative roles at the regional
    level as well as enhancing the image of the Commission through the facilitation of media and awareness programmes. The incumbent
    Director, Mr. John Toguata was appointed to take charge of the Division.

    Organisational Review

    In 1999 the Commission undertook an internal administrative review of its organisational structure. Apart from the minor amendments
    in 2002, there have been no other changes. The service of the Commission comprises of the offices of the Commission excluding the
    Members of the Commission (MOC). The organizational structure below illustrates the channel of communication and the number of
    offices in the service of the Commission.

    In 2005 the Ombudsman Commission embarked on a Comprehensive Management Review. Deloitte Touche Tohmatsu was engaged
    for a three month period to review among others the Commission’s structure. The review team proposed as part of its recommenda-
    tions a new structural facelift with 19 new positions to provide the Commission with additional resources to enable it to become more
    pro-active and more effective.

    The Ombudsman Commission

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  • 2007 Annual Report Page 8

    OMBUDSMAN COMMISSION OF PAPUA NEW GUINEA
    ORGANISATIONAL STRUCTURE 2007

    OMBUDSMAN COMMISSION
    Chief Ombudsman
    Ombudsman
    Ombudsman

    OFFICES IN THE SERVICE OF THE
    COMMISSION
    143 OFFICERS (excluding 3 Members of Commission)

    Office of Office of
    Counsel to the Commission Secretary to the Commission
    9 Officers 36 Officers

    Director Director Director
    Regions & Complaints & Adminis- Leadership
    External Relations (RER) trative Investigation 28 Officers
    41 Officers Division (CAID)
    29 Officers

    ☯ ☯ ☯

    The Ombudsman Commission

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  • 2007 Annual Report Page 9

    CHAPTER 3. CORPORATE GOVERNANCE

    STAFF ESTABLISHMENT IN THE COMMISSION

    The Commission staff establishment for 2007 was 152. After the Comprehensive Management Review (CMR), a total staff
    establishment of 146 was identified by the Deloitte Tomatshu team in September 2005. The surplus positions were a result of the
    retaining of some of the positions that were initially made redundant by the proposed CMR structure. The year 2007 was a period
    of partial implementation of the new structure and hence a heavy recruitment drive to fill the vacancies.

    The first phase of the partial implementation of the new structure was on 5 March 2007 and that was on the Senior Management
    Structure which included the redesignation and phasing out of the old positions of Deputy Director Complaints and Administrative
    Investigations Division (CAID) and Deputy Director Leadership to Director CAID and Director Leadership respectively.

    The position of Director Operations who was the Divisional Head responsible for the Leadership and Complaints Admin Investiga-
    tions Branches was re-designated to Director Regions and External Relations, a new Division created under the new structure. The
    incumbent Director Operations was confirmed to the position.

    The second phase of the implementation of the new structure concentrated on the positions below the senior management which
    involved a series of meetings with respective Divisional Heads and line managers to identify vacancies and to fill them. The options
    were that officers were relocated to fill those positions based on their experience and qualifications and the balance of the
    vacancies were advertised in July 2007. Those who were made redundant were listed for retrenchment.

    A total of 21 vacancies were advertised and sixteen (16) positions were filled through the months of September to December 2007.
    As of 31 December 2007, the staff on strength was 125 including the three Members of the Commission with the balance of the
    vacancies to be filled in 2008.
    Gender distribution in each Branch

    The Commission is an equal opportunity employer and its recruitment policy emphasises zero discrimination in all facets of recruit-
    ment that is based on merit.

    In 2007 from the 21 positions that were advertised under the Commission’s major recruitment drive, sixteen (16) were filled. Out of
    the sixteen positions, nine were females and seven males. The balance of five (5) positions was not filled for technical reasons.

    The appointments were fairly distributed right across the board from the middle management, senior officers to admin support
    officers. Generally, there was equal gender distribution in all Divisions of the Commission and this has been attributed to the
    Commission’s strong recruitment guidelines.

    Training and Development

    The Commission promotes and ensures that officers attend training to upgrade their skills and knowledge related to their work to
    enable them to be competent and effective in the discharge of their responsibilities with quality outputs envisaged by the standards
    required of the Commission.

    This year has been a challenging year for the Human Resources Unit due to staffing situation hence training was one area that was
    greatly affected. Training slowed down with major focus and attention on the recruitment drive to fill the 21 vacancies.

    Law and Justice Sector Programs

    The Commission has been an active member of the LJSP programs. The Human Resource Manager is the activity Manager for the
    Twinning Program and Victorian Bar Readers Course for Lawyers. The two programs are funded under the Developmental Budget.

    LJSP provided training for 21 officers on Records and Archives Management in October. This training was targeted for Secretaries
    and Clerical Support and Admin Officers.

    Corporate Governance

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  • 2007 Annual Report Page 10

    The Commission’s Records and Archives Management System have been used as a pilot project for the rest of the LJSP Agency.
    More work is still required during the course of the year.

    Twinning Programs

    The Twinning Program between the Ombudsman Commission of PNG and the Commonwealth Ombudsman Office (CO) in
    Canberra has been growing stronger every year and venturing into new areas.

    The program has been successful since its inception and has laid solid foundation on capacity building for officers in the Complaints
    and Administrative and Investigations Division (CAID) in investigations and complaints handling.

    In May 2007, a review meeting was held between the Ombudsman Commission and Commonwealth Ombudsman in Port Moresby
    to review the Twinning Program. This resulted in three Commission officers taking up placement programs with the Commonwealth
    Office while two officers from the Commonwealth Ombudsman were attached to the OCPNG in reciprocate. One was sponsored
    under the Australian Youth Ambassador Development Program. The impact of the Twinning program opened up new dialogue with
    disciplinary forces heads in Papua New Guinea and in Australia.

    This resulted in the Commission, in conjunction with Commonwealth Ombudsman, staging a Liaison Workshop for Heads of
    Disciplined Forces in Port Moresby in September 2007 which observers viewed as very successful.

    One major achievement was the signing of the Memorandum of Agreement (MOA) between the Ombudsman Commission and the
    Department of Police for Commission to undertake responsibility of the oversight functions recommended by the Police Review
    Report which will be further enacted in the Police Act. This has been achieved as a result of knowledge gained by one of the
    placement officers on how the disciplinary offices in Australia and the Commonwealth Ombudsman cooperated to fight corruption.

    In-house and in-country training

    The Training program in 2007 did not reach its peak due to a number of factors including the Human Resources Unit diverting its
    focus to the major recruitment drive on the filling of the 21 vacant positions identified under the restructure.

    Five officers were sanctioned to undertake part-time studies at the University of Papua New Guinea and International Training Insti-
    tute to upgrade their qualifications. Another five officers undertook other generic trainings. The CHRIS (Completed Human
    Resources Information System) training on Navigation skills was conducted by Frontier Australia for CHRIS users to further develop
    CHRIS skills for officers in the Finance, Information Technology and Human Resource Units.

    Personnel and Administration

    Personnel administration covers recruitment, contract management, salary and leave matters, performance appraisals, disciplinary
    matters and a whole range of staff matters.

    The Human Resources Unit was understaffed by two officers however despite the shortfall concerted effort and sharing of work
    load from the officers within the Unit ensured that staff matters were attended to within reasonable time.

    Finance

    The Finance Unit is a section embedded within the Support Services Division of the Ombudsman Commission which is responsible
    for providing an effective and efficient compliance with Financial Management procedures and processes through the provision of
    budget submissions; monthly cash flow estimates; control and monitoring expenditure against budgets; prepare monthly and quar-
    terly expenditure reports; liaise with the Department of Finance for the disbursement of monthly appropriations and ensure salary
    and wages for the Commission employees is paid in a timely manner.

    During 2007 the Finance Unit ensured the timeliness of the 2008 Budget Submission; payment of the 26 pay periods ; the Quarterly
    Reports process; payments of Accounts Payable and the finalisation of the 2007 Audited Financial Statement by the Auditor-
    General.

    Corporate Governance

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    Asset Management System

    In 2007 the Asset Management System (AMS) was reconciled on monthly basis to capture asset movements. During the year a total
    of K458, 404. 46 assets were added to the previous value of K5,816,834.17. To close the year, the Commission had a cumulative
    total assets of K6,118,104.63. Disposals during the year amounted to K157,134.00.

    Information Technology

    The Commission continued to ensure the advancement of information technology and systems to support the functional operations of
    the Commission. Some of these included the facilitation of Systems Development Life Cycle (SDLC) of integrated Wasdok Case
    Management System (iWCMS).

    The continuation of on going dialogue with the developer through design and development scope of a prototype system, testing of a
    prototype iWCMS and further testing confirmed additional requirements to achieve flexibility and configurability of the system. Other
    development within the year included the facilitation of the OC Internet and Email User Policy through the installation of filtering
    software for on-going monitoring and management of Internet and Email service.

    Several key areas within the Commission’s IT section were achieved including, the implementation of the Comprehensive Manage-
    ment Review (CMR) recommendations through procurement of additional IT resources to cater for additional staffing under CMR and
    to meet iWCMS requirement. The Commission also commenced a work program on facilitating an OCPNG website team that defined
    initial requirements of a website and the upgraded CHRIS21 (Payroll and HR) Application and applied 2008 tax update.

    Logistics

    Logistics operations throughout 2007 ensured a high degree of care and maintenance to all Commission assets and security systems
    including; the fleet of vehicles, the security systems (external & internal), radio network, PABX, and office space allocations in Port
    Moresby, Mount Hagen, Lae and Kokopo.

    ☯ ☯ ☯

    Corporate Governance

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    CHAPTER 4. ENFORCING THE LAW ON THE OMBUDSMAN COMMISSION
    The traditional role of the Ombudsman Commission

    The Ombudsman Commission is an institution that is required to provide a quick, flexible means of redress for aggrieved citizens
    affected by a form of administrative injustice. In its traditional role therefore, the Ombudsman Commission is seen as the institution
    that is available to assist ordinary citizens throughout the country who feel aggrieved by actions of the bureaucracy or any
    governmental body.

    Purposes of the Ombudsman Commission

    Whereas the Constitutional Planning Committee focused on the need for the Commission to assist individual citizens in achieving
    administrative justice, the Constitution went one step further. It envisages a much broader role for the Commission to actively “help”
    in the work of governmental bodies.

    The Constitution ensures that governmental bodies are responsive, efficient and effective in carrying out their statutory functions.
    The Ombudsman Commission is entrusted with the responsibility to lift the overall standards of public administration in Papua New
    Guinea. It does not exist simply to assist individual citizens but has a much broader constitutional mandate to protect the interest of
    its citizens against abuse by government agencies and departments.

    This was a profound vision of our forefathers who planned and wrote the Constitution.

    Investigating wrong conduct

    The Ombudsman’s traditional function allows the Commission to investigate issues, either on its own initiative or on a complaint by
    a person affected by administrative practices and decisions of governmental bodies that may be unreasonable, unjust or
    oppressive.

    An investigation of alleged wrong conduct by a governmental body is carried out under the Organic Law on the Ombudsman
    Commission. This Organic Law is also used for a discriminatory practices investigation.

    Complaints

    The Organic Law on the Ombudsman Commission provides that any person can make a complaint about any matter within the
    jurisdiction of the Commission. The Commission is obliged to consider every complaint it receives and has the discretion whether to
    investigate a complaint or not.

    Own Initiative Investigations

    Section 219(1)(a)(ii) and (c) of the Constitution empowers the Ombudsman Commission to conduct investigations on its own initia-
    tive, in addition to conducting investigations in response to specific complaints that it receives.
    The power to investigate on its own initiative is another way in which the Constitution and the Organic Law have conferred a
    considerable degree of independence on the Commission. The Ombudsman Commission exists, not only to impose accountability,
    but also to expose corruption and to positively assist the public, particularly public servants and governmental bodies to do their
    jobs properly. The wider purpose of the existence of the Ombudsman Commission has a clear conceptual basis in the Constitution.

    Complaints & Administrative Investigation Division

    Prior to the restructure which came into effect in February 2007 the Complaints and Administrative Investigations was a branch in
    the Operations Division.

    The Complaints and Administrative Investigative Division (CAID) is now a division on its own and is headed by a Director with five
    (5) investigation teams, each headed by a Team Leader. Teams are generally comprised of three senior investigators, an investi-
    gator and an assistant investigator. In line with the recommendations of the Comprehensive Management Review, one of the Sen-
    ior Investigators in each team will be a legal officer.
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    Under the restructure the CAID now receives complaints that are referred by the Director Regions and External Relations for formal
    investigations after making assessments.

    The CAID investigates alleged wrong conduct on the part of government bodies and alleged discriminatory laws and practices
    under the Organic Law on the Ombudsman Commission. It gives priority to investigating those complaints that identify structural
    and procedural deficiencies in the Papua New Guinea public administration and individual cases of serious abuse of powers
    particularly where there are no alternative and satisfactory means. The CAID is one of the two main functional areas of the
    Commission along with the Leadership Division as it relates to the enforcement of the Constitution and the two Organic Laws.

    Full investigations

    A total of 160 case files were opened for full investigations in 2007 at Head Quarters as shown in Table 1 with one hundred and
    thirteen (113) case files carried forward from 2006. In 2007, the Division handled a total of 273 investigation files. One hundred and
    forty two (142) case files including case files from previous years were closed during the year and 224 cases were carried forward
    to 2008. The number of full investigations opened represents 80% of the target for the year and the number closed represents 72%
    of the target for the year.

    Table 1 Administrative Complaints
    OFFICE STATISTICS HQ Mt.Hagen Lae Kokopo Total
    No. of Investigations opened (YTD) 160 21 0 3 184
    Carry Over from 2006 113 0 5 7 125
    No. of Investigations closed (YTD) 142 21 2 10 175
    Ombudsplan Target (Annual) 198 24 24 24 280
    Ombudsplan Target (YTD) 198 24 24 24 280
    Cases Opened as % Target 80% 50% 0% 13% 67%
    Cases Closed as % Target 72% 88% 8% 42% 37%
    Current Investigations Open 131 0 3 0 134

    Police Oversight Project

    The Police Oversight Project is based on the Royal Papua New Guinea Constabulary Administrative Review Committee Report
    which was initiated by then Minister for Internal Security Hon Bire Kimisopa. The Committee reviewed the RPNGC in response to
    the increasing unrest, violence in PNG with increasing use of firearms, general law and order breaking down and a serious
    discipline and morale problems within the RPNGC that had destroyed community confidence and trust in the Constabulary.

    The Committee identified key problem areas and made recommendations for measures to be taken to immediately restore the ef-
    fectiveness of the Constabulary. Recommendation 29 identified the Ombudsman Commission because of its roles and functions to
    assist in the improvement of the Police Complaints Handling System and that for the Ombudsman Commission to oversight the
    Police investigation into the complaints made by the public against their members’ action and inaction.

    On 2 March 2006, then Commissioner of Police, Mr Sam Inguba wrote a letter to the Chief Ombudsman Mr Ila Geno officially
    inviting the Ombudsman Commission to oversight the Police investigation against police actions. Consequently the Police Oversight
    Project came into existence.

    On 1 June 2007, the RPNGC and the Ombudsman Commission signed a MOA to work together. The purpose of the MOA between
    the PNG Ombudsman Commission and the RPNGC was to provide an oversight process by an independent and trusted authority
    such as the PNG Ombudsman Commission for public complaints against police. Through this mechanism police accountability and

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    integrity will be enhanced resulting in increased confidence and trust in police by the community.

    The Police Oversight Team comprising of Ombudsman Commission officers and the Police personnel from the Internal Affairs
    Section of RPNGC carried out awareness on the impact the MOA would have on the work practices of the Police and the general
    public. The awareness was well received by the Police personnel of the provinces that were covered in 2007. The awareness will
    cover the rest of the provinces in the country in 2008.

    Under this MOA investigations were conducted into two high profile cases regarding alleged rape by a very senior police officer in
    East Sepik Province and the Kimbe Police personnel threatening, burning down of hundreds of houses and assaulting of witnesses
    from one of the settlements. The Police investigation into these cases was oversighted by the Ombudsman Commission. The PPC
    of East Sepik Province was arrested and charged for two counts of sexual penetration and was committed to stand trial in the
    National Court which is pending. The Kimbe Police personnel were also arrested and locked up in the cell for trial. This could not
    have been possible without the Ombudsman Commission combined oversight initiative.

    The Ombudsman Commission and RPNGC will have to put legislation in place in the near future to dictate the manner of their op-
    eration. This will enable a change in the manner in which the complaints are investigated and there will be a greater accountability
    and transparency within the system of the RPNGC. Eventually integrity will be restored to the Internal Affairs Unit and public trust
    and confidence in the Constabulary. Currently this Project is being managed by Team 7 of CAID as one of its activities.

    Anti-Discrimination and Human Rights Unit

    The Anti – Discrimination and Human Rights Unit (ADHRU) is one of the five units under the Complaints and Administrative Investi-
    gation Division.

    The Unit is an initiative of the Ombudsman Commission and the United Nations Development Program (UNDP). It was set up
    initially as a project funded by the UNDP. The targeted outputs of the project are:

    • To strengthen the capacity of the OC – ADHR Unit to undertake the protection and enforcement of human rights.
    • Increase public awareness of human rights through a mass media campaign nationwide. And to advocate for sup-
    port for a longer-term institutional arrangement for Human Rights Protection.

    Under the structure the Unit is made up of a Team Leader, a Senior Investigator and an Investigator. In 2007 apart from dealing
    with investigation of cases and involvement of awareness activities the Units’ acting Team Leader was part of the Technical Work-
    ing Group involved in preparation of the option paper for Department of Justice and Attorney General for the proposed Human
    Rights Commission. The Technical Working Group comprised of government departments and other stake holders such as the
    UNDP.

    The Unit was also involved with the Agreement signed between the Ombudsman Commission and UNDP for the funding of aware-
    ness programs.

    Complaints Case Examples

    The following are some of the complaints that were lodged with the Ombudsman Commission in 2007 which were successfully
    dealt with. These complaints were dealt with under the Organic Law on the Ombudsman Commission.

    1. Reinstatement of the displaced employee
    2. Complaint against a logging company by landowners
    3. Payment of cash advance
    4. Unpaid repatriation costs for two (2) retrenched officers.
    5. Alleged delay in awarding of title to a land in Wewak
    6. Payment of outstanding back payments
    7. Custody of child
    8. Mistreatment of prisoner at Bomana Jail
    9. Abuse of position by Deputy Secretary

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    1. Reinstatement of the displaced employee

    An aggrieved employee of a government statutory authority complained that he had been displaced as a result of a recent organisa-
    tional restructure. He used to be a Manager for Customer Service but his position was abolished and his roles and responsibilities
    transferred to Manager Customer Operations at Head Office. The incumbent for the position was an expatriate.

    He further complained that the position was localised some years ago by his predecessor and he was the second person to hold the
    position and he saw no reason why an expatriate person was employed again who has no valid work permit. He also highlighted the
    authority’s lack of response and unfair redundancy package offered to him.

    On 21 May 2007 the Ombudsman Commission served a notice to the Chief Executive Officer informing of its intention to investigate
    the matter. The Authority responded on 18 June 2007 that proper selection criteria for Manager Customer Operations was followed
    and an external recruitment agency was engaged to screen and appoint the best candidate for the job. The complainant could not be
    considered because there were other applicants considered more qualified than him.

    The Ombudsman Commission nevertheless followed up on the complaint and was eventually advised by the Management that the
    aggrieved employee was reinstated but to another position. The employee confirmed that he had actually been appointed to the posi-
    tion of Manager Change Management, a position higher than his previous position.

    The management recognized that he was still useful and can add more value to the organisation in terms of his contribution as Man-
    ager Change Management. Since then he has been actively involved in management meetings and presentations and he is very sat-
    isfied with his remuneration package.

    He thanked the Ombudsman Commission for the prompt follow up on his complaint that got him appointed to a position in the new
    structure and praised the good work of the Commission for the people of Papua New Guinea.

    2. Complaint against a logging company by landowners

    A local community comprised of former customary landowners of one of the logging areas complained against a foreign registered
    company in West New Britain Province. They complained that the enterprise ventured into retail and merchandising business by
    building and operating a supermarket covering the entire local market without the consent of the local community and that they have
    not participated or benefited directly or indirectly from the business activities of the logging company. The community leaders brought
    their grievances to many concerned government authorities both at the National and provincial level but no one seem to have ad-
    dressed their grievances to the satisfaction of both parties.

    The Ombudsman Commission, on its own initiative, investigated the above complaint by invoking its powers under Section 219 (1) of
    the Constitution and Section 13 of the OLOC. A full investigation was commenced with an issuance of Section 17 (1) notice to the
    Investment Promotion Authority (IPA) and the Department of Lands and Physical Planning.

    The investigation revealed that the local community did not incorporate under Land Group Incorporation Act, Association Incorpora-
    tion Act or Business Group Act to be legally recognized and did not have a properly constituted body to negotiate with the enterprise
    and government officials for any participation or benefits from the business activities.

    It was revealed that the two portions of land were properly acquired by the State. Therefore the land is state land on a 99 year lease
    to the company for commercial logging and residential purposes. The enterprise was properly registered and incorporated under IPA
    Act and the Companies Act. It was revealed that the parent company constructed the supermarket under its real estate certification
    and leased to its subsidiary which was certified to carry on business in the retailing, merchandising and supermarket operations.
    Therefore, the subsidiary did comply with the IPA Act to operate supermarket at the company’s base.

    The IPA officers conducted their own independent investigation into the matter and some suspicious business activities of several
    enterprises in Kimbe, WNB Province after the OC gave notice of its own initiative investigation into the enterprise. The IPA team in-
    vestigated thirteen (13) enterprises which were alleged to have been operating illegally and based on complaints from OC. The inves-
    tigation resulted in the prosecution of five (5) illegal enterprises, purported to have operated under a legally certified business activity
    and business name. The five enterprises were found to have been in breach of certain provisions of the relevant Acts; IPA Act
    Companies Act and Business Names Act and were consequently penalized. A copy of the IPA investigation report was provided to
    the Ombudsman Commission.
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    The OC has no jurisdiction to receive complaints against private companies and conduct investigation but it can investigate the
    Government body or statutory authorities who are regulators to compel them to investigate and remedy the situation complained of.
    The OC maintain constant consultation and liaison through letters, phone calls and physical visits which resulted in the IPA conduct-
    ing its own investigation into several enterprises and penalised them. The Commission encourages relevant government authorities to
    carry out their statutory responsibilities and be responsive to the needs and aspirations of the people of PNG.

    3. Payment of cash advance

    A Government Department lodged a formal complaint against a Chief Executive Officer of a statutory authority regarding non-
    payment of K1, 400.00 he was advanced whilst employed with the Department prior to his appointment as CEO of a government
    statutory authority. In investigating the matter we found that the Department had earlier taken the matter to Port Moresby District
    Courts (PoMDC), however for some unknown reasons the Department did not pursue the matter further.

    After confirming that the amount was still outstanding the Commission wrote to the CEO and he confirmed that he had not repaid the
    cash advance and confirmed that he had commenced repayment. The Department further informed the Commission that they had
    agreed to accept an offer from the CEO to procure stationary items for the Department instead of cash repayment.

    The Department informed the Commission that the CEO had purchased stationary items in cash of K1, 414.87, equivalent to the
    amount of cash advance he received.

    The Commission after confirming the payment wrote to the CEO and reminded him to refrain from similar situation in future. Although
    the amount is small, this case illustrates the fact that taking cash advance is not uncommon in many Government Departments.

    4. Unpaid repatriation costs for two (2) retrenched officers.

    The cases involve the unpaid repatriation costs for two retrenched officers, one from East Sepik Province and the other from Morobe
    Province who were former employees of the Western Provincial Administration. The repatriation costs include; airfares, excess bag-
    gage, transit accommodation and other personal costs involved.

    The complainants were paid their other final entitlements except their repatriation costs when they were retrenched, resulting in them
    pursuing the matter with the Ombudsman Commission. The complainant from East Sepik was owed K44, 010.00 and the complain-
    ant from Morobe was owed K32, 907.50.

    The Commission then wrote to the Provincial Administrator advising that the Commission’s letters regarding the alleged non payment
    of repatriation costs were still outstanding.

    On 20 July 2006, the Ombudsman Commission received a copy of a minute from the Deputy Provincial Administrator, directing the
    HR Manageress, to confirm by way of response to the Commission, whether or not the above persons were entitled to the repatriation
    costs. On confirmation that the payments were genuine the Provincial Administrator directed the Director Corporate Services to get
    the cheque processed and pay the complainants.

    On 11 January 2007, Director Corporate Services advised that the cheques were processed and given to the HR Manageress in Daru
    who confirmed receipt of the cheques and advised that the payments had been made. Upon confirmation with the complainants the
    file was closed.

    5. Alleged delay in awarding of title to land in Wewak

    A complaint was lodged with the Ombudsman Commission alleging that the National Housing Corporation (NHC) had improperly de-
    layed the issuance of the title to the property on a certain allotment in Wewak, East Sepik Province.

    The Complainant sought the assistance of the Ombudsman Commission to get the National Housing Corporation to issue the prop-
    erty title to him claiming that he had fully paid off the property, indicating that the final payment was made on 18 February 2005. He
    laid a complaint after numerous follow up visits to NHC proved futile. The matter was brought to the attention of NHC and on 15 Feb-
    ruary 2006 NHC advised that the matter was referred to the Conveyance Coordinator to deal with and advise.
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    On 3 April 2006, NHC wrote to the OC advising that the property was under Unregistered Lease and advised that the NHC would get
    it registered under NHC, before the same can be transferred to the complainant of Wewak stressing that the process would be
    lengthy.

    On 2 April 2007, a visit by OC officers to the NHC confirmed that the title to the property was finalised and transferred to the com-
    plainant thus the case was closed.

    6. Payment of outstanding back payments

    The Commission received complaints from a Sister and a Nurse who are employed by the Angau Memorial Hospital in Lae. The
    sister was on Grade 6 position and was promoted to Grade 7 in June 1999, however, her pay was not adjusted to the new position.
    The nurse was also on a new salary however it should have been backdated to 01 January 2002. The two nurses alleged that they
    had not been paid their back pays in line with the new salary as per their respective promotions.

    This complaint was initially registered at the Commission’s Lae office and was transferred to headquarters for follow up as it became
    very difficult to follow up the complaint with the National Department of Health (NDOH). Due to constant follow up by our officers de-
    spite denial of the entitlements by the NDOH the Ombudsman Commission managed to get the Department to finally concede and
    process the payments and pay the officers.

    Their outstanding back payments of K1, 731.95 and K666.63 were calculated and paid on Pay Period Ending 26 October 2007
    respectively by the Department of Health which was confirmed on 01 November 2007.

    7. Custody of child

    The complainant left behind her 4 year old child with no one to take care of him soon after her arrest and her subsequent remand at
    Bomana Metropolitan Jail. The strained relationship with certain close family members was not conducive for her child to continue to
    live with them while she was in custody.

    She feared for her child’s well being as he was physically abused and his daily needs were not met by the family. She therefore wrote
    to the Commission and sought help. She requested that a close friend she trusted immediately take custody of her child. With the
    mediation of the Ombudsman Commission, the child was put in the custody of the complainant’s brother. She was so thankful and
    relieved for the assistance given to her by the Commission.

    8. Mistreatment of prisoner at Bomana Prison

    The OC received a report from Individual and Community Rights Advocacy Forum (ICRAF) complaining on behalf of a prisoner who
    reported that he was severely beaten up by the Prison Warders at Bomana Corrective Metropolitan Jail. The Warders were alleged to
    have physically assaulted the prisoner with sticks and locked him up in detention. He sustained severe bruising to his leg, back, but-
    tock and on the head resulting in a large lump appearing on his head and he was stripped naked.

    The report further stated that the prisoner was denied medical attention until two days later after the incident had happened. Efforts
    and request by the NGO group (ICRAF) to visit the complainant was denied and therefore the complainant petitioned the Commission
    on the matter.

    A Team from the Anti Discrimination and Human Rights Unit of the Ombudsman Commission and an officer from ICRAF then visited
    the prisoner. The team anticipated seeing a badly bruised prisoner but to our surprise the prisoner appeared before us in good health.
    Given the facts we had received and from the visit, the petitioner had exaggerated the matter. But that does not mean that it had
    eroded the complaint in anyway. There were elements of human rights abuses by the Correctional officers in discriminatorily assault-
    ing the prisoner. The Prisoner was asked whether he had been stripped naked by the warders and he responded saying that Warders
    never did that to him or any other prisoner. He acknowledged that although he was the perpetrator of the brawl, nothing of that sort
    happened to him.

    The Commission took no further action and the prisoner was advised to apply for the enforcement of his right in the Court of Law
    through ICRAF if he was still aggrieved by the action taken by the Prison Officers. This case goes to show that sometimes complaints
    are exaggerated.

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    As for the Prison Officers, their ultimate aim is to rehabilitate the prisoner and not to beat prisoners. As prison officers they are to up-
    hold the law and not to break them. His imprisonment is enough punishment given to him and such actions administered by the Ward-
    ers serves no purpose at all. Warders should not assault prisoners; as such actions render them as lawbreakers themselves and no
    longer law enforcers.

    9. Abuse of position by Deputy Secretary

    The complaint was lodged anonymously through a letter to the Ombudsman Commission and other agencies in relation to alleged
    corrupt practices within a Government department, by the Acting Deputy Secretary. It was alleged that the Deputy Secretary was im-
    properly paid Special Domestic Market Allowance (SDMA) and was paid leave fares for two extra spouses who were not entitled un-
    der the Public Service General Orders.

    Our enquiries with the Department have revealed that the SDMA was properly approved by DPM after a submission from the Secre-
    tary for the Department.

    As for the airfares advance for the two spouses, the officer was to repay but no recovery action was taken by the Department. The
    Secretary in his response to our Section 17 (1) notice admitted that there was an oversight and recovery actions would commence
    immediately.

    A call to the Secretary of the Department confirmed that deductions had begun to recoup the money used to pay for two extra
    spouses. This is clearly an abuse of position by the Acting Deputy Secretary and the Secretary of the Department should have taken
    disciplinary action on the officer.

    However, we are thankful to the Secretary of the Department for his prompt response in making the relevant documents available for
    our investigation. We commend this kind of cooperation from him and we emphasis the need for same cooperation from other Depart-
    mental Heads.

    ☯ ☯ ☯

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    CHAPTER 5. ENFORCING THE LEADERSHIP CODE

    The Leadership Code is amongst the Constitutional Planning Committee’s most fundamental recommendations, and as such, it was en-
    trenched in the Constitution (Division III.2 of the Constitution). It is a code of conduct that PNG’s leaders are expected to know and
    follow. The Ombudsman Commission has been given the mandate by the Constitution and the Organic Law on the Duties and Re-
    sponsibilities of Leadership (OLDRL) to supervise and enforce the Leadership Code. The Leadership Code applies to all Leaders
    specified under Section 26 of the Constitution. Section 26(4) of the Constitution empowers the Commission to make a decision in the
    event of doubt as to whether a person is a person to whom the leadership code applies.

    The Leadership Code is therefore morally and legally binding on the Leaders and firmly enforced.

    Leadership Division operational matters

    Wide-ranging changes to the structure and operations of the Commission took effect in early 2000 followed by another restructure in
    2002 and one in 2005 which was implemented in 2007. The Leadership Division is headed by a Director, Mr Roderick Kamburi and is
    made up of an Annual Statements Assessment Unit and three Investigations Units.

    Summary of investigations carried out in 2007

    The Leadership Division conducts investigations into breaches of the provisions of the OLDRL and if prima facie evidence is estab-
    lished, the Leader is referred to the Public Prosecutor for prosecution before the Leadership Tribunal. The table below shows seven-
    teen (17) allegations were received by the Commission against various Leaders in 2007. These allegations are currently being
    investigated by the Commission.

    Table 2 : Summary of investigations
    Offences No. MPs Dept Const Statutory MPG Overseas Ministerial
    Heads Office Authority Mission Staff
    Holders
    Abuse of power 2 1 1 nil nil nil nil

    Misappropriation 9 4 1 1 nil 3 nil nil
    of public funds

    Moral Complaints 6 1 3 1 1 nil nil

    TOTAL 17 5 2 5 1 4 nil nil

    There has not been a significant difference in the number of complaints investigated by the Leadership Division in 2007 compared to
    number of complaints investigated in 2006. The common category of complaints the Division receives is usually three: Abuse of
    power, Misappropriation of funds, and Moral complaints. The prominent categories of complaints in 2007 were misappropriation of
    funds and Moral complaints against National Parliamentarians and Members of the Provincial Governments. During 2007 no com-
    plaints of various allegations against the Overseas Missions and against Ministerial Staff were received. Six Moral complaints were
    received against the Constitutional Office holders.

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    ANNUAL STATEMENTS

    Section 4 of the Organic Law on the Duties and Responsibilities of Leadership states that the leader must submit his Annual
    Statement within three months after becoming a person to which the Leadership Code applies.

    The table below shows the number of Annual Statements (AS) sent and received from various categories of Leaders in 2007.

    Table 3 Summary of Annual Statements
    Activity Total MP Dept Const OS Statutory PA MPG Other Statutory
    Head Office Mission Authority Bodies
    Holder
    CEO Board
    A S Sent 314 109 24 36 13 35 17 20 42 18
    A S Received 286 99 24 35 11 34 15 15 38 15
    in 3 months
    A S received 28 10 – 1 2 1 2 5 4 3
    after 3 months
    A S not sub- – – – – – – – –
    mitted
    RTBH issued 35 10 8 1 2 1 2 4 4 3

    In 2007 there were 14 leaders who had been referred to the Public Prosecutor for prosecution in previous years, whose cases were
    either progressed or remain pending. For cases that were carried over from previous years and not progressed a reference is made to
    the year of referral where full details of the cases are reported. They were:

    1 Danny Kakaraya, Managing Director of Mineral Resources Development (MRDC)

    Mr Kakaraya was referred to the Public Prosecutor on 1 August 2003. Details of this case are reported in 2005 Annual Report and at
    the end of 2007 the status has not changed.

    2 Justice Mark Sevua, Judge of the Supreme Court and National Court

    Judge Mark Sevua was referred to the Public Prosecutor on 1 October 2004. Details of this case are reported in 2004 Annual Report.
    At the end of 2007 the status of this matter has not changed.

    3 Gallus Yumbui, Member for Wosera-Gawi Open, Member of East Sepik Provincial Assembly

    Mr Gallus Yumbui was referred to the Public Prosecutor on 16 November 2004. Details of Mr Yumbui’s referral were reported in 2004.
    The Leadership Tribunal consisting of Mr Justice Lay as the Chairman and Messrs Iova Geita and Lawrence Kangwia as members,
    commenced inquiry in 2006 and found Mr Yumbui guilty of 4 out of 6 allegations. On 2 March 2007 in a majority decision (Justice Lay,
    Principal Magistrate Geita) decision of 2 to 1, recommended that Mr Yumbui be dismissed from office.

    4 Charlie Benjamin, Member for Manus Open Electorate, Member, Manus Provincial Assembly

    Mr Charlie Benjamin was referred to the Public Prosecutor on 17 January 2005. Details of the referral are reported in the 2005 Annual
    Report. On 20 December 2006 the Tribunal consisting of His Honour Justice Sao Gabi as Chairman and Principal Magistrates
    Jeremiah Singomat and Jimmy Tapat found Mr Benjamin guilty of all 19 allegations contained in the Public Prosecutor’s reference
    dated 4 April 2006 and on 15 January 2007 in a unanimous decision recommended that Mr Benjamin be dismissed from the office of
    the Member of Parliament for Manus Open Electorate.

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    5 Chris Haiveta, Member for Gulf Provincial, Governor, Gulf Province and Member Gulf
    Provincial Assembly

    Mr Chris Haiveta was referred to the Public Prosecutor on 17 January 2005. Details of the referral are reported in the 2005 Annual
    Report. On 15 September 2006 the Chief Justice appointed a Leadership Tribunal consisting of Justice Timothy Hinchliffe as Chair-
    man and Senior Magistrates Mark Pupaka and Steven Abisae as Members to inquire into the allegations of misconduct in office. The
    Tribunal continued from 2006 to 2007 and adjourned to August 2007 to allow Mr Haiveta to contest the 2007 National Elections. Mr
    Haiveta lost office and the Tribunal lost jurisdiction.

    6 Guao Zurenouc, Member for Finschaffen Open, Member Morobe Provincial Assembly

    Mr Zurenuoc was referred to the Public Prosecutor on 15 February 2006. On 26 March 2007 the Chief Justice appointed a Leadership
    Tribunal chaired by Judge Gibbs Salika and assisted by Principal Magistrates Richard Koronai and Geoffrey Siki as members. Due to
    the Leader’s medical condition supported by medical evidence, the Tribunal was not completed. The Leader lost office in 2007 Na-
    tional Elections. Details of this referral are reported in the Ombudsman Commission Annual Report for 2006.

    7 Arthur Somare, Member for Angoram Open, Member East Sepik Provincial Assembly

    Mr Somare was referred to the Public Prosecutor on 1 March 2006. On 15 September 2006 the Chief Justice appointed a Leadership
    Tribunal comprising of Judge Kubulan Los as Chairman and Provincial Magistrates Mr Orim Karapo and Mrs Noreen Kanasa as
    members assisting. Before the inquiry could progress, Mr Somare filed application in the National Court seeking review of the Com-
    mission’s referral and obtained an injunction against the Public Prosecutor from dealing with his matter. At the end of 2007 this matter
    was still pending and carried over to 2008. Details of this case are reported in the Ombudsman Commission’s Annual Report for
    2006.

    8 Melchior Pep, Member for Dei Open, Member Western Highlands Provincial Assembly

    Mr Pep was referred to the Public Prosecutor on 1 March 2006. On 26 March 2006 the Public Prosecutor referred Mr Pep to the
    Leadership Tribunal comprising of Justice Nicholas Kirriwom as Chairman and Mr Regget Marum and Mr Felix Terra as members. On
    26 March 2007 the Public Prosecutor referred 6 allegations of misconduct in office against Mr Pep. Mr Pep pleaded not guilty to alle-
    gations 1 to 3 and guilty to allegations 4 to 6 in which allegation is that he did not disclose a debt owing to another person and that
    debt ultimately led him to being declared bankrupt. In April 2007 the Tribunal found Mr Pep not guilty of the allegations he had
    pleaded not guilty to and acquitted Mr Pep of the allegations against him. On 8 May 2007, the Tribunal recommended that for the
    allegations that Mr Pep had admitted, he be fined a total of K3,000.00 to be paid forthwith. Details of the referral are reported in 2006
    Annual Report.

    9 Sir Moi Avei, Member for Kairuku-Hiri, Member Central Provincial Assembly and
    Minister for Petroleum

    Sir Moi was referred to the Public Prosecutor on 9 March 2006. On 15 September 2006 the Chief Justice appointed Justice Timothy
    Hinchliffe as Chairman and Messrs Mark Pupaka and Steven Abisae as members of the Leadership Tribunal to inquire into the alle-
    gations of misconduct in office against Sir Moi. The inquiry commenced in October 2006 and continued to April 2007 when the Tribu-
    nal found the leader guilty of 5 out of 9 allegations and recommended that he be dismissed from office of the Member of Parliament
    for Kairuku-Hiri Open electorate in the National Parliament. A full detail of the referral is reported in the 2006 Annual Report.

    10 John Muingnepe, Member for Bulolo, Member Morobe Provincial Assembly

    Mr Munignepe was referred to the Public Prosecutor on 26 June 2006. On 20 March 2007 the Public Prosecutor referred Mr Muing-
    nepe to the Leadership Tribunal comprising of Judge Moses Jalina as Chairman and Magistrates Danny Lavutul and Geoff Katenge
    as members. After initial inquiry the Tribunal found Mr Muingenepe guilty of misconduct in office and adjourned to 4 May 2007 for
    counsel to address the Tribunal on the appropriate penalty. When Prosecution served the Leader with a copy of it’s submission on penalty
    asking the tribunal to impose the maximum penalty, the Leader through his Counsel asked for and was granted an adjournment.

    Enforcing the Leadership Code

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  • 2007 Annual Report Page 22

    The effect of this is that Mr Muingnepe is free to nominate and if he is re-elected the Tribunal will reconvene to hear submissions on
    penalty and decide on the appropriate penalty that it is obliged to give to fulfil its obligations under Section 27(5) of the Organic Law
    on the Duties and Responsibilities of Leadership. The Tribunal could not deal with the issue of the appropriate penalty as
    Mr Muingnepe was not returned as the Member for Bulolo Open in the 8th National Election.

    11 Hami Yawari, Member for Southern Highlands Provincial, Governor, Southern Highlands Province, Member, South-
    ern Highlands Provincial Assembly.

    Mr Yawari was referred to the Public Prosecutor on 26 June 2006. On 28 June 2006 Mr Yawari filed his originating documents seek-
    ing leave of the National Court to review the Ombudsman Commission’s decision to refer him to the Public Prosecutor. On 10 Novem-
    ber 2006 his application for leave to seek judicial review was heard and rejected by the National Court on the grounds that the admin-
    istrative and constitutional processes have not yet been exhausted and it would be inappropriate for the Court to assume the func-
    tions of the Public Prosecutor and the Leadership Tribunal to deal with the issue. Before the Public Prosecutor could deal with the
    matter in 2007 Mr Yawari lost office in the 2007 General Elections and Public Prosecutor lost jurisdiction to deal with the Leader. A
    full detail of the referral is reported in the 2006 Annual Report.

    12 Fred Maliupa, President, Usino Local-Level Government, Member of Madang Provincial
    Assembly

    Mr Maliupa was referred to the Public Prosecutor on 4 July 2006. At the end of 2007 the matter remains in the hands of the Public
    Prosecutor. A full detail of the referral is reported in the 2006 Annual Report.

    13 Charles Punaha, Director General, Papua New Guinea Telecommunication Authority (“PANGTEL”)

    Mr Punaha was referred to the Public Prosecutor on 5 September 2006. At the end of 2007 the matter remains in the hands of the
    Public Prosecutor. Full details of the referral are reported in the 2006 Annual Report.

    14 Jerry Tetaga, Chairman of the Public Services Commission

    Mr Tetaga was referred to the Public Prosecutor on 8 December 2006. The Leader’s term expired in 2007 and was not recommended
    for extension. A full detail of the referral is reported in the 2006 Annual Report.

    2007 REFERRALS

    In 2007 the Ombudsman Commission referred two Leaders to the Public Prosecutor. Those two referrals were:

    1 Robinson Sirambat, Provincial Administrator, New Ireland Provincial Administration

    Mr Robinson Sirambat was referred to the Public Prosecutor on 8 August 2007 for breaches of Section 4 of the Organic Law on the
    Duties and Responsibilities of Leadership in which he had failed to furnish to the Ombudsman Commission without reasonable
    excuse, an Annual Statement for the period 2001 – 2002 and also failed to furnish on time to the Ombudsman Commission, three
    Annual Statements for the periods 2002 – 2003, 2003 – 2004 and 2004 – 2005. At the end of 2007 the matter remains in the hands of
    the Public Prosecutor.

    2 Tom Tomiape, Member for Tari, Member, Southern Highlands Provincial Assembly

    Mr Tomiape was referred to the Public Prosecutor on 12 March 2007. The referral relates to the allegations of misapplication of 2002
    District Support Grants for Tari Open electorate and for failing to furnish to the Ombudsman Commission his Annual Statements for the
    year 2002-2003. Mr Tomiape lost office in the 2007 National Election.

    ☯ ☯ ☯

    Enforcing the Leadership Code

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    6. DIRECTIONS UNDER SECTION 27 (4) OF THE CONSTITUTION
    1. POWER TO ISSUE DIRECTIONS

    The Ombudsman Commission is empowered under Section 27(4) of the Constitution to give directions either generally or in a
    particular case, to ensure the attainment of the objects of the Leadership Code. Section 27(4) of the Constitution is the fulcrum on
    which the Commission’s supervision and enforcement of the Leadership Code depends. Failure to comply with a direction issued
    under Section 27(4) of the Constitution may attract the following consequences:

    • In respect of a leader, misconduct in office under Section 27(5)(b) of the Constitution and liability to prosecution before an
    appropriate tribunal and subject to penalties under Section 28(1)(g)(ii) of the Constitution, Section 27(5) of the Organic Law on
    the Duties and Responsibilities of Leadership and Section 2 of the Leadership Code (alternative penalties) Act, include
    • dismissal from office.

    • In respect of any other person, enforcement proceedings in the National Court under Section 23 of the Constitution.

    2. SECTION 27(4) DIRECTIONS ISSUED IN 2007

    In 2007 it was necessary for the Ombudsman Commission to use Directions to prevent possible breaches of the Leadership Code
    and issued two Directions under Section 27(4) of the Constitution which are listed below.

    (a) Transport Infrastructure Rehabilitation and Maintenance Program (TSIRMP) Funds

    On 30 April 2007 the Commission issued a Direction under Section 27(4) of the Constitution which purpose was to ensure compliance
    and accountability by all of the appropriate authorities in the application of the TSIRMP funds. Apart from other things, proper proce-
    dures must be complied with in relation to the K37 million in Transport Sector Infrastructure Rehabilitation and Maintenance Program
    (TSIRMP). On 24 April 2007 the Commission received information from the Minister for Finance and Planning, Mr John Hickey
    advising that proper and lawful procedures were not followed and that the Central Supplies and Tenders Board (CSTB) was put under
    duress to approve contracts outside the normal processes.

    The purpose of the Commission’s Direction was to ensure compliance and accountability by all of the appropriate authorities in the
    application of the TSIRMP funds.

    The Commission also received a letter dated 24 April 2007 from Mr Peter Yama raising concerns over the manner in which the
    Department of Transport was pushing for new projects which are normally handled by Department of Works.

    As a result, the Commission invoked its powers under Section 27(4) of the Constitution and issued a direction to the Minister for
    Finance, Transport and Civil Aviation, Secretary for Finance and Transport and all members of the CSTB.

    The members of the CSTB were directed to:

    • Not approve or award any tender or contract under the TSIRMP to build, repair or maintain roads to bidders who do not qualify
    as suitable contractors in accordance with the provisions of the Public Finances (Management) Act and or any relevant tender
    guidelines; and

    • Not approve or award road contracts under the TSIRMP in respect of bids and tenders that do not satisfy the requirements of
    the Public Finances (Management) Act and any relevant tender guidelines.

    The direction goes further by saying that “for the avoidance of doubt this direction does not stop the implementation of the
    TSIRMP and or does not stop the awarding of tenders and contracts to contractors that the CSTB considers suitable or fit to
    implement the contracts or whose tenders comply with the terms of the Public Finances (Management) Act or any relevant
    tender guidelines”.

    Directions under Section 27 (4) of the Constitution

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  • 2007 Annual Report Page 24

    The terms of the direction is quite clear and does not stop the CSTB from awarding a contract to the successful bidder. There is no
    reason why Kagerasu Sawmilling Construction Limited should be prevented from signing the contract which was awarded to it by the
    CSTB. It appears that Kagerasu Sawmilling and Construction Limited has already been awarded the contract. There appears no
    issue, at this stage, about the improprieties of the awarding of the contract.

    (b) MRDC payment to Mr Francis Kaupa

    The Ombudsman Commission received information that payment of K1,443,750.00 was about to be released to Mr Francis Joseph
    Kaupa, as Managing Director of Mineral Resources Development Corporation (MRDC) and that both the Money In Lieu Of Notice
    (MILON) of K750, 000.00 as calculated and the balance of the contract of K562, 500.00 were disputed components of the purported
    payout for the reason that there is no legal basis for both payments to be made to Mr Kaupa under the circumstances. However,
    there was no issue with the bonus amount to be paid by MRDC.

    On 30 April 2008 the Commission issued the Direction under Section 27(4) of the Constitution to certain individuals to stop the pay-
    ment of termination benefits amounting to K1, 443,750.00 until it had concluded its investigation into certain issues surrounding the
    resolution of the Shareholder and MRDC Board to make such a payout.

    The purpose of the direction was to ensure that MRDC or the Board or the Company’s Banks or any other person or body do not
    authorise, facilitate, release, termination benefits, or ex-gratia payments (excluding salary or money in lieu of leave or gratuity, etc
    owing to him under the contract) calculated from the date of termination to the balance of the contract of employment.

    At the end of 2007 the Direction is still in force.

    ☯ ☯ ☯

    Directions under Section 27 (4) of the Constitution

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    CHAPTER 7. OMBUDSMAN COMMISSION IN COURT

    In 2007 the Ombudsman Commission was involved in a number of litigation matters both in the National Court and the Supreme Court.
    Whilst most matters were pending from previous years, there was one matter that was filed and served in 2007. Table 4 (next page)
    below has a list of matters from previous years that are still pending at the end of 2007.

    This Chapter does not provide a report on leadership matters that were referred to the Public Prosecutors Office for prosecution before
    a leadership tribunal. Those are reported in the Chapter on the Leadership Code.

    Supreme Court References

    The Ombudsman Commission is one of the few authorities authorised by Section 19(3) of the Constitution to bring special references to
    the Supreme Court. A reference is brought to the Supreme Court by way of questions or issues in relation to the interpretation and ap-
    plication of any provision of a Constitutional Law, including (but without limiting the generality of that expression) any question as to the
    validity of a law or a proposed law.

    The Supreme Court expresses its opinion on the issue or issues brought before it. The Court’s opinion has the same binding effect as
    any other decision of the Supreme Court (Section 19(2) Constitution).

    In recent years the Ombudsman Commission has been a leading authority in referring matters to the Supreme Court, questioning the
    constitutionality of, among others, the action of the National Parliament. The Ombudsman Commission has demonstrated its role as a
    guardian of the Constitution without fear or favour.

    In 2007 there was no Supreme Court Reference filed by the Ombudsman Commission. However it dealt with a number of outstanding
    references on foot before the Supreme Court. Some of those were:

    SCR NO 1 OF 2006 arose from amendments made to the National Capital District Commission Act 2001. On 4 December 2006 the Act was
    amended by the National Capital District Commission (Amendment) Act 2006 (No. 11 of 2006) which made sweeping changes to govern-
    ance of the NCD yet leaves unaltered Sections that conflict with the amending provisions and thereby creating anomalies with the Constitu-
    tion and within the Act. At the end of 2007 this matter was still pending.

    SCR No 5 of 2005 was pending from 2005 and ongoing in 2007. The matter arose from amendments made to the Forestry Act 1991. Sec-
    tion 59 of the Act which provided for consultation with customary owners where the Forestry Authority entered into a Forestry Management
    Agreement, was repealed by the Forestry Amendment Act 2005. This means that there is no statutory obligation on the Authority to con-
    sult with customary owners as to its intentions on allocation of timber permits. The Commission argues that this and other amendments
    are inconsistent with the National Goals and Directive Principles. At the end of 2007 this matter was still unresolved.

    SCR No 3 of 2005 was another Supreme Court review pending in 2007 from 2005. This review is in relation to the powers of the Public
    Prosecutor to request the Chief Justice to appoint a leadership tribunal. The Ombudsman Commission referred hypothetical questions
    to the Supreme Court to provide directions where the Organic Law on the Guarantee of the Rights and Independence of Constitutional
    Office Holders appear to be silent on the powers of the Public Prosecutor to request for a leadership tribunal. The decision on this mat-
    ter was still pending with the Supreme Court.

    Other Litigation

    Only one fresh matter was filed and served on the Ombudsman Commission in 2007 and that was the matter in SCOS No 2 of 2007, MRDC
    v Ombudsman Commission, The State. This was an application by the Plaintiff, Mineral Resources Development Company Ltd (hereafter
    “MRDC”) made under Section 18(1) of the Constitution. The Supreme Court was asked to exercise its original and (subject to the Constitu-
    tion) exclusive jurisdiction as to the interpretation and application of the relevant Constitutional Law provisions, in relation to the issue of the
    jurisdiction of the First Defendant, the Ombudsman Commission of Papua New Guinea (hereafter “the Commission”).

    Ombudsman Commission in Court

  • Page 33 of 56

  • 2007 Annual Report Page 26

    The primary issue was whether the Commission has jurisdiction over MRDC (a company incorporated under the Companies Act 1997), its
    Board and the Managing Director. The Supreme Court’s decision in this matter is likely to apply to many other State-owned corporations,
    entities etc. At the end of 2007 the decision is still pending.

    Matters in Court in previous years and were still pending at the end of 2007 include:

    • OS No. 818 of 2006, Arthur Somare vs. Ila Geno & Ors. Arthur Somare MP, the Member for Angoram sought judicial review of
    the decision of the Ombudsman Commission to refer him to the Public Prosecutor on prima facie case of misconduct in office.
    Details of this matter was reported in 2006 Annual Report.

    • OS No. 520 of 2006, Richard Pagen v. Ombudsman Commission & Ors. The Ombudsman Commission according to law, en-
    joys the independence to determine its recruitment processes through administrative guidelines on recruitment. This case was
    brought by an officer questioning the recruitment and appointment process of the Ombudsman Commission. At the end of
    2007 this matter was still not resolved.
    Table 4 Court Cases pending as at 31 December 2007
    NO NAME Court Reference DATES STATUS
    1 Kumbakor v Hitolo, Geno & Pentanu National Court 19.01.00 Pending
    WS 40 Of 2000
    2 ALFRED MANASE TRADING AS PATO LAWYERS V National Court 28.09.00 Pending
    OMBUDSMAN COMMISSION (NO 2) OS 582/2000
    3 Lafanama v State National Court 30.01.03 Pending
    WS No 112 Of 2003
    4 Kakaraya v OC–Application for Judicial Review National Court 06.10.04 Pending
    OS 479 Of 2003
    5 Bewa Tou & Powes Parkop v Ila Geno & Ors Supreme Court 02.02.04 Pending
    SCA No 17 Of 2004
    6 Fletcher Morobe v Ila Geno & Ors National Court 05.03.04 Pending
    WS No 201 Of 2004
    7 Peter Ipatas & Nenele Properties Ltd v OC Supreme Court 15.07.04 Pending
    SCA No 99 Of 2004
    8 Public Prosecutor & Or–v– Yama Supreme Court 16.03.05 Pending
    SCM No 5 Of 2005
    9 SUPREME COURT REFERENCE NO 3 OF 2001 Supreme Court 24.09.01 Pending
    Special reference by the Governor-General re pro- SCR No 3 Of 2001
    posed Bougainville Amnesty Amet CJ Los J, Hinchliffe J,
    Sheehan J And Injia J.
    10 SUPREME COURT REFERENCE NO 3 OF 2005 Supreme Court 30.08.05 Pending
    Public Prosecutor’s power to request the Chief Justice SCR No 3 of 2005
    to appoint a leadership tribunal – Reference by the Kapi CJ, Ingia DCJ, Sakora J,
    Ombudsman Commission of Papua New Guinea Jalina J, Kirriworm J.
    11 Supreme Court Reference No 5 of 2005 Forestry Supreme Court 03.11.05 Pending
    (Amendment) Act 2005 SCR No 5 of 2005
    12 Richard Pagen -v- Ombudsman Commission & Ors National Court 14.07.06 Pending
    OS No 520 of 2006
    13 Hon Arthur Somare -v- Ila Geno & Ors National Court 06.11.06 Pending
    OS 818 of 2006
    14 National Capital District Commission (Amendment) Act Supreme Court 23.02.07 Pending
    2006 SCR 1 of 2006
    15 MRDC –v- Ombudsman Commission & The State Supreme Court 12.07.07 Pending
    SCOS No 2 of 2007

    Ombudsman Commission in Court

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    CHAPTER 8. ISSUES OF CONSTITUTIONAL SIGNIFICANCE

    The Ombudsman Commission has a number of different roles and functions and the first one is its traditional role of hearing complaints
    against Government Departments and other governmental bodies. In this way, it works as a traditional Ombudsman. It performs this role
    under the Organic Law on the Ombudsman Commission. It also has another quite unique jurisdiction, in that, it is responsible for super-
    vising the enforcement of the Leadership Code. It does this by exercising powers under the Constitution and the Organic Law on the
    Duties and Responsibilities of Leadership. Hence, it is required to give timely advice and assistance to ensure and attain the objects of
    good governance and good leadership. In enforcing the various constitutional laws and Acts of the Parliament, good governance and
    good leadership are the final outcomes that the Ombudsman Commission pursues.

    Thirdly, the Constitution has also given to the Ombudsman Commission an anti-discrimination role.

    The Commission also has a special role along with a number of other constitutional institutions such as the Auditor-General and Public
    Services Commission. That role is a supervisory one. It supervises the performance of all governmental functions. Its overall function
    can be described as to improve the work of governmental bodies.

    The Ombudsman Commission is one of the few authorities authorised by Section 19(3) of the Constitution to bring special references to
    the Supreme Court. A reference is brought to the Supreme Court by way of questions or issues in relation to the interpretation and appli-
    cation of any provision of a Constitutional Law, including (but without limiting the generality of that expression) any question as to the
    validity of a law or a proposed law. The Supreme Court expresses its opinion on the issue or issues brought before it. The Court’s opin-
    ion has the same binding effect as any other decision of the Supreme Court under Section 19(2) Constitution.

    2007 has been a year of challenges and successes for the Ombudsman Commission. Overall it has achieved its targets for the year. The
    Commission has had many highlights some of which are captured in the other Chapters of this Annual Report. Those worth mentioning
    include:-

    • A public appeal in early January urging leaders and public office-holders intending to contest the 2007 National Elections to resign
    from public offices and further urged public office-holders and public bodies not to make donations to political parties using public
    resources.

    • Also in January 2007 the Ombudsman Commission through a press release came out very strongly supporting the independence
    of the judiciary in administering justice without fear or favour and applauded the action of the Leadership Tribunal’s refusal to ac-
    cept an offer of bribe. The Commission informed the public that the action by our members of the Judiciary goes a long way in
    maintaining public confidence and trust in our National Judicial System and in our Judges and Magistrates tasked to administer
    justice.

    The offer of a bribe is not just an offer of a bribe. It is an attempt to compromise the independence of our National Judicial
    System. It is an instance of attempting to corrupt our Judicial System. The call came about after the Leadership Tribunal
    comprising Hon Justice Sao Gabi as Chairman and Senior Magistrates Jeremiah Singomat and Jimmy Tapat as members who
    were investigating misconduct in office by Mr Charlie Benjamin, Member for Manus Open issued a statement that an offer of bribe
    in the form of K10,000.00 was made to a member of the Leadership Tribunal.

    • In June 2007 the National Court threw out the challenge by the Prime Minister on the issue of Directions under Section 27(4) of
    the Constitution ruling that the Ombudsman Commission has wide powers to issue direction either in a particular case or gener-
    ally, and to persons not subject to the Leadership Code to ensure the attainment of the objects of the Leadership Code. The
    Direction is there to assist Leaders maintain their integrity and to ensure that they do not breach the relevant laws, financial
    instructions and guidelines. The Direction serves as a reminder for Members of Parliament and other leaders to maintain their
    integrity and standing. The Court cited the front page headlines in The National newspaper (1 June 2006): “Tantrum in ORD
    Office, MP goes berserk over electoral funds” and stated that if there is any truth in the report this is the very thing the
    Direction attempts to prevent. That Members of Parliament must not access public funds contrary to set laws and guidelines.

    Issues of Constitutional significance

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  • 2007 Annual Report Page 28

    • In July 2007, on the eve of the National Elections, the Ombudsman Commission called on political parties, their leaders, pub-
    lic bodies and public servants to exercise restraint and avoid using public assets and public resources for the interests and/or
    the benefit of political parties. The Commission advised that once again it is the time when political parties and their leaders
    are heavily involved in the formation of the new government and important State or public assets were being used for pur-
    poses that are beneficial only to the interests of political parties and a few individuals. The Commission urged all those con-
    cerned to refrain from this improper conduct. There is a clear distinction between the use of public assets for the benefit of
    political parties and the use of the same for the public benefit. The costs and expenses relating to wooing of candidates and
    the formation of a new government must be met by the political parties and not by the public in any manner. The public al-
    ready supports political parties through the Central Fund under the Organic Law on the Integrity of Political Parties and Candi-
    dates. The Commission further urged public servants and public bodies not to allow public assets and public resources to be
    applied to the benefit of any political party. The Commission will be obliged to hold accountable those who use public re-
    sources to purposes not intended by law.

    • The Ombudsman Commission also continues to be engaged in Court matters through it’s power to refer constitutional ques-
    tions to the Supreme Court as well as other judicial review matters which are reported in the other Chapters. It is another im-
    portant supervisory function. If the Parliament passes an Act, which does not comply with constitutional procedures or is other-
    wise in breach of the Constitution, the Ombudsman Commission can challenge the constitutionality of the Act.

    • On the 30 October 2007 the Chief Ombudsman Ila Geno continued to make his presence felt through his membership as a
    Director in International Ombudsman Institute (IOI) representing the Australasia and the Pacific Region at the IOI level. The
    Chief Ombudsman’s membership strengthened the Pacific Islands Ombudsmen Forum, (PIOF) and promoted and enhanced
    training and regional governance and democracy. More and more countries around the world are recognising the important
    role played by ombudsmen as independent and impartial office-holders, in maintaining democracy and the rule of law. The
    Ombudsman Commission of Papua New Guinea is no exception and has maintained high standards itself and has stood out
    for its integrity and fearlessness in the fight against corruption and for its persistent endeavours to encourage the principles of
    good governance in the leaders and public institutions in PNG.

    • On the 15 November 2007 the Ombudsman Commission welcomed the appointment of Ms Phoebe Sangetari as Ombudsman
    filling the position left vacant by former Ombudsman Peter Masi.

    ☯ ☯ ☯

    Issues of Constitutional significance

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  • 2007 Annual Report Page 29

    CHAPTER 9. REGIONS AND EXTERNAL RELATIONS DIVISION

    The Regions and External Relations Directorate was established as a result of a Comprehensive Management Review (CMR)
    conducted on the Ombudsman Commission in 2005 by Deloitte Touche Tohmatsu. On the 30th September 2005 Deloitte officially
    presented the report on the Review to the Chief Ombudsman and in February 2007 the Commission officially accepted and endorsed
    the report and the recommendations contained in the report. One of the major and significant changes brought about by the review
    was the abolition of what was known as the Operations Division of the Ombudsman Commission and its replacement with the three
    divisions, Leadership, Complaints and Regions and External Relations.

    Under the Regions & External Relations Directorate there are three Regional Offices (Highland, Momase, New Guinea Islands
    offices) the Intake Screening Unit (ISU) and the newly created Government Body Liaison Program and External Relations Program
    Unit (GBLP/ERP). There are a total of five operational units altogether under the new Directorate. Two new regional offices,
    Bougainville and the Southern Regional have been approved but are yet to be established.

    Complaint Handling System

    As part of the restructure the Commission has also introduced a new complaint handling process with a new Case Management
    System (CMS) to replace the old system. The new complaint process means that all complaints received by the Commission are
    registered by the Intake Screening Unit, assessed and then referred to appropriate Investigation Units for appropriate actions to be
    taken. In the Regions this is done at the three Regional Offices.

    The GBLP/ERP Unit

    This is a new Unit which was established on the recommendation arising out of the CMR. The main purpose of establishing this Unit
    is to formalise what was then known as the Government Body Liaison Program (GBLP) and the External Relations activities which
    were being coordinated jointly by the office of the then Director Operations and the Media Unit on an ad hoc basis.

    Among others, the objectives of the new unit were to strengthen linkages with Governmental Bodies and to promote awareness on
    the roles and functions of the Ombudsman Commission.

    The formalization of these activities in the new structure signifies the Commission’s commitment to meaningfully help the Government
    Bodies to improve their work.

    GBLP Activities

    The Commission conducted a number of GBLP visits to the Provinces as well as to a number of Government Bodies in the year.

    Department of Education

    A meeting was held with the Secretary of the Department of Education, Dr Joseph Pagelio and his senior officers. As a result of this
    meeting, the complaint handling procedures within the Education Department were improved and progress on resolving outstanding
    grievances were noted.

    A complaint handling office called the ‘Client Centre’ was also established at the Department’s Head Office in Port Moresby. This
    Office was specifically set up to deal with all complaints against the Department from both within and from the public. This initiative by
    the Secretary is in line with one of the main objectives of the GBLP/ERP Unit, to establish Complaint Handling Mechanisms within
    each Government Body.

    Regions & External Relations Programme

  • Page 37 of 56

  • 2007 Annual Report Page 30

    Department of Agriculture and Live Stock

    The Unit was able to meet with the Secretary of DAL Mr Anton Benjamin and his senior officers where it was learnt that the Depart-
    ment had its own system of handling complaints and a disciplinary committee that was responsible for dealing with internal matters.
    The Department assured the Commission during this visit that more emphasis was being placed on helping staff.

    Provincial Visits

    All the Provinces in the New Guinea Islands Region were visited by an Ombudsman, the Director and the Regional Manager of the
    NGI Region during the year. The Chief Ombudsman, the Director and the Regional Manager Highlands Region visited the Southern
    Highlands and Enga Province. All Provinces in the Momase Region were visited by the Regional office based in Lae as part of the
    annual activity. There were two visits undertaken by an Ombudsman into the Region purposely to promote co-operation with Provin-
    cial Administrations.

    Intake Screening Unit (ISU)

    The ISU is the gateway into the Commission in relation to receipt and recording of complaints. It is the nerve centre of the Commis-
    sion. The Unit consists of a Team Leader and eight (8) Assessors. Its main functions are to receive, register/record, assess and refer
    complaints to appropriate investigation Units for investigations and reporting.

    The table below shows the number of complaints lodged and processed in 2007.

    Table 5 ISU Closure Classifications

    Code Classification Total %
    5a No jurisdiction 168 11
    5b Declined – adequate remedy available – explanation given to complainant 582 38
    5c Declined – rights of appeal available – explanation given to complainant 101 7
    5d Declined-out of time-explanation given to complainant 68 4
    5e Declined-insufficient interest-explanation given to complainant 10 1
    5f Declined-frivolous & vexatious- explanation given to complainant 32 2
    5g Declined-low priority- explanation given about limited resources 44 3
    6 Declined – transferred to other government under GBLP 408 27
    61 Transferred internally to other Sections 109 7
    Total 1522 100

    Regions & External Relations Programme

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    ISU CASE EXAMPLES

    The following are some of the complaints that were lodged with the Ombudsman Commission in 2007 which were successfully dealt
    with by the ISU.

    1. Unpaid Final Entitlements

    The complainant was employed with the Department of Health and attached with the Kavieng General Hospital. He resigned in De-
    cember 2005 but was not paid his final entitlements upon his termination. Numerous attempts were made with the Personnel Section;
    Kavieng General Hospital, however did not get any positive response from them. Therefore, he sought assistance from the Commis-
    sion.

    Upon receipt of the complaint, the OC contacted an officer of the Audit Section, Department of Health, who advised that the Depart-
    ment of Finance had requested for the original documents from the complainant so that his case could be examined.

    An officer of the Personnel Section of Kavieng General Hospital was contacted and requested to forward the original documents to
    the Commission. The documents were sent direct to us and then hand delivered to the Audit Section officer who finally handed the
    documents over to the Department of Finance. On pay number 10 of 2007, his final entitlements of K8,408.05 was finally paid to him
    through his bank account.

    2. Another Case of Unpaid Final Entitlements

    The complainant, a soldier attached with IRPIR Taurama Barracks got discharged from the PNGDF on his own accord on 30 Novem-
    ber 2005. Upon his displacement, his final entitlements were never accorded to him. Therefore, in 2006 he approached the Commis-
    sion and a referral letter or notice was sent to the PNGDF. On pay number 10 of 2007 he was paid his final entitlements of K5,700.00.

    3 Workers Compensation Claim

    The complainant complained against the Office of Workers Compensation (OWC) regarding an outstanding disbursement payment of
    compensation claim of K31,000.00 on behalf of his late son . The complainant took custody of his son’s four (4) children and their
    welfare and livelihood after the passing away of his son. He became a guardian and the trustee of his grand children.

    He made several attempts with OWC to have the payment made to him however he received no positive response from them. He
    then sought assistance from the Commission.

    Upon receipt of the complaint, it was then referred back to OWC to consider and make the payment. In January 2007, a cheque of
    K33,149.70 was raised and paid to him accordingly.

    REGIONAL OFFICES

    Momase Regional Office

    The Momase Regional Office is situated in Lae city in the Morobe Province and comprises of a Regional Manager, two Senior Investi-
    gators, an Investigator, an Assistant Investigator and a Driver/Security Officer. For a good part of the year the office was without a
    Senior Investigator and an Investigator.

    In the later part of the year the Regional Manager Mr Nao Virobo was attached to the Commonwealth Ombudsman in Australia for
    two and a half months under the current Twinning Program between OCPNG and the Commonwealth Ombudsman of Australia.

    While Mr Virobo was away Senior Investigator, Francis Koaba was appointed Acting Regional Manager Momase Region until Decem-
    ber when Mr Virobo returned from Australia. Despite the staffing setbacks the office continued to operate satisfactorily.

    Regions & External Relations Programme

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    The following are some complaints that were lodged with the Momase Regional Office in 2007 which were successfully dealt with.

    1. Complaint of non payment of retrenchment benefits

    The Ombudsman Commission received a complaint from the complainant, a driver with the Finschafen District Administration over
    non-payment of retrenchment benefits.

    The complainant worked as a driver with the Finschafen District Administration since 1986 and got his retrenchment notice in 2005
    but never got his payment. He was on the payroll until 2006 when he was put off the payroll. His attempts to get his final entitlements
    were unsuccessful and he approached the Ombudsman Commission’s Momase Regional Office on 07 of May 2007.

    We then wrote to the Provincial Administrator requesting the Liaison Officer to inquire into the merits of the complaint and where pos-
    sible resolve the matter.

    While awaiting a response to our letter from the Liaison officer the complainant came into the office with the copy of the Cheque butt
    to show that he was paid his cheque and wanted to thank the Commission for the assistance provided. He said that he waited for the
    cheque for two years and nothing happened but once our letter was written he was paid K6,056.44 as his final retrenchment benefits.

    He also wrote a small note to thank the Commission for our assistance. The complaint was resolved in less than two weeks.

    2. Alleged underpayment of salaries

    The complainant was a primary school teacher at a primary school in Madang Province. Prior to teaching at that particular primary
    school, she taught at various schools in and around Madang Province.

    The complainant’s problems started in 1995 when she was told by one of her colleagues that she was being underpaid. This started
    off a long winding process of approaching Education Authorities in Madang to look into her grievance however, to no avail. She even
    travelled to Port Moresby to seek assistance from TSC however; this also did not result in anything positive.

    The complainant decided to seek Ombudsman Commission assistance when we were in Madang conducting a provincial trip in 2007.
    Upon our return to Regional Office in Lae we wrote to the Provincial Program Advisor (PPA) Madang to attend to the complaint.

    Four months later a letter from PPA Madang was received advising the Commission that complainant’s substantive salary was ad-
    justed to K13,050 per annum and back pays done.

    Our involvement once again has helped one of our complainants to get what has been owing to her – twelve years later. This case
    was resolved to the satisfaction of the complainant.

    Highlands Regional Office

    The Highlands Regional Office is situated in Mt Hagen city in the Western Highlands Province and is also managed by a Regional
    Manager with Two Senior Investigators, an Investigator, an Assistant Investigator and a Driver/Security Officer.

    During the year the office operated without a Senior Investigator and an Investigator after the Investigator transferred to Lae.

    In October of this year the Regional Manager of the Highlands Regional Office Mr Allan Barilae was appointed Acting Secretary to the
    Commission to relieve the Secretary Mr Mavara Sere who was on leave due to health reasons. Consequently Senior Investigator Ste-
    ven Haibaku was appointed Acting Regional Manager Highlands Region. Again the staffing of the office was not stable however the
    office did perform up to expectation and continues to do so.

    Regions & External Relations Programme

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    New Guinea Islands Regional Office

    The NGI Regional Office is based in Kokopo in East New Britain Province. Like the other two Regional Offices the Kokopo Office is
    also managed by a Regional Manager and the staff structure is the same. Throughout the year the office faced serious manpower
    problem due to the resignations of the then Regional Manager and an Investigator, the suspension of the Assistant Investigator and
    the slow process of recruiting new officers to fill the vacant positions.

    The Office had only one Senior Investigator who was appointed Acting Regional Manager and a temporary Assistant Investigator was
    appointed to fill in the position of the Assistant Investigator who was on suspension.

    Two Senior Investigators were later recruited but only one of them accepted the offer and commenced work while the other position
    remained vacant.

    In addition to the manpower problem the office continuously faced the hazardous volcanic ash falls from the Tavurvur Volcano which
    is a health concern to the officers and their families. Despite these problems the office continued to perform well under the circum-
    stances.

    The following are some complaints that were lodged with the NGI Regional Office in 2007 which were successfully dealt with.

    1. Palmalmal Guards and Security Services.

    Palmalmal Guards and Security Services were engaged by the District Administration for the Rabaul District to provide security for the
    Rabaul District Council of Women’s office. They were engaged commencing on the 9 May 2007.

    The Company sent invoices to the Rabaul District Administration every month for payment but payment was not forthcoming. The
    company also wrote two letters to the District Administration but to no avail. They also made numerous phone calls but received
    negative response. It was getting towards the end of the year and books were about to be closed for the 2007 financial year and the
    company was intending to take legal action against the Rabaul District Administration. The total amount that was owed to the com-
    pany was K17,096.00 for the eight months.

    The company approached the Kokopo Regional office on the 12 December 2007 raising their complaint. The Kokopo office called the
    Rabaul District Administration and spoke to the Officer In Charge of Community Development at the Rabaul District.

    The Kokopo office wrote a letter to the Rabaul District Administrator the same day. On the 14 December 2007 two cheques were
    raised, one for K6,800.00 and the other one for K9,200. A total of K16,000.00 was paid to the company on the said date and wit-
    nessed by our officers. The outstanding balance of K1,096 was to be paid to the company towards the end of January 2008.

    The company management was very appreciative of what the Commission has done in getting the District Administration to pay
    them. Without the intervention of the Commission it would have been difficult for them to get the Rabaul District Administration to pay
    them.

    2. Three Public Servants fight for justice.

    Three (3) ex- employees of the then Department of North Solomons were repatriated to Rabaul when the Bougainville Crisis erupted
    in 1988. They were re-deployed to the East New Britain Provincial Government but when they arrived they were advised by the East
    New Britain Provincial Government that there were no vacancies and that they can apply and go for leave. They were then listed as
    unattached officers and retrenched. They were never paid their leave entitlements and other entitlements from 1988 up to 2007.

    The three (3) women approached the Commission in November 2007 and raised the complaint with the Commission. The Commis-
    sion made an enquiry with the Office of Bougainville Affairs in Port Moresby and a letter was written to the said office on the matter.

    The office responded by raising three cheques for the three women. Copies of those cheques were faxed to the Commission as proof
    of payment. The total amount paid to the three women was K15,542.58 in November 2007. The three women expressed their satis-
    faction that the Commission has been of great assistance to them as the Commission was able to get the Office of Bougainville Af-
    fairs to pay them their long outstanding dues.

    Regions & External Relations Programme

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    Table 6 Summary of Complaints case of Regional Office

    No. of Months
    HQ Mt Hagen Lae Kokopo Total
    Complaints received (YTD) 1443 604 533 407 2987
    Carry Over from 2006 0 0 2 13 15
    Assessments Completed (YTD) 1365 604 535 420 2924
    Ombudsplan Target (Annual) 1980 660 660 660 3960
    Cases Received as % of Target 73% 92% 81% 62% 75%
    Cases Closed as % of Target 69% 92% 81% 64% 74%
    Current Complaints Outstanding 78 0 0 0 78

    ☯ ☯ ☯

    Regions & External Relations Programme

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    CHAPTER 10. AUDITED FINANCIAL REPORT

    Audited Financial Report

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    Audited Financial Report

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    Audited Financial Report

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    Audited Financial Report

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    ☯ ☯ ☯

    Audited Financial Report

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    APPENDICES

    Appendix 1 – List of Leaders referred to the Public Prosecutor

    Appendix 2 – List of OLOC Reports

    Appendix 3 – List of Governmental Bodies under the Ombudsman
    Commission Governmental Bodies Liaison Program

    Appendix 4 – Former Members of Commission

    Appendix 5 – Ombudsman Commission Office Contact Details

    Appendices

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    APPENDIX 1 Table of leaders referred for prosecution by the Ombudsman Commission under the Leadership Code as
    at 31 December 2007

    No LEADER OFFICE YEAR RESULT

    1 MOSES SASAKILA MP; Minister for Culture 1976 Guilty – dismissed – later set aside by Supreme Court

    2 BRIAN GREY General Manager, National Airline 1978 Guilty – reprimanded
    Commission

    3 AKO TOUA Commissioner, Electricity Commission 1978 Guilty – suspended
    4 LEO MORGAN Acting Secretary, Department of Works and 1978 Guilty – dismissed
    Supply
    5 JAMES MOPIO MP 1981 Guilty – dismissed
    6 OPAI KUNANGEL MP; Minister for Commerce 1982 Resigned after appointment of tribunal

    7 PIUS KEREPIA Secretary, Department of Works and 1983 Guilty
    Supply

    8 ILINOME TARUA PNG High Commissioner to London 1983 Guilty

    9 MICHAEL PONDROS MP 1983 Guilty – dismissed
    10 LENNIE APARIMA MP 1985 Not guilty
    11 EZEKIEL BROWN Managing Director, National Provident 1985 Guilty – fined
    Fund
    12 JULIUS CHAN MP; Deputy Prime Minister; Minister for 1988 Not guilty
    Finance
    13 JOHN KAPUTIN MP 1988 Guilty – fined
    14 OBUM MAKARAI Chairman, Papua New Guinea Banking 1988 Guilty – fined
    Corporation

    15 KEDEA URU Chairman, National Broadcasting 1988 Not guilty
    Commission

    16 GERALD SIGULOGO MP 1989 Guilty – dismissed – judicial review by leader unsuccessful
    17 SUSUVE LAUMAEA Chief of Staff, Office of the Prime Minister 1990 Public Prosecutor failed to refer matter to tribunal – no
    further action

    18 GABRIEL RAMOI MP 1990 Resigned after appointment of tribunal
    19 ESEROM BUREGE MP 1990 Resigned after tribunal commenced hearing

    20 TED DIRO MP; Deputy Prime Minister; Minister for 1991 Guilty – recommended for dismissal – resigned before
    Forests dismissal effected
    21 TOM AMAIU MP 1992 Resigned after appointment of tribunal
    22 TONY ILA MP 1992 Guilty – resigned before decision on penalty
    23 TIMOTHY BONGA MP 1992 Resigned – later guilty – dismissed
    24 PETER GARONG MP 1992 Resigned – later guilty – dismissed

    25 GALEN LANG MP 1992 Resigned – later died in office

    26 MELCHIOR PEP MP 1992 Resigned – later guilty – dismissed

    27 PHILIP LAKI MP 1993 Guilty – recommended for dismissal – resigned before
    dismissal effected
    28 ANDREW POSAI MP; Minister for Forests 1995 Guilty – dismissed – judicial review unsuccessful
    29 JOHN NILKARE MP; Minister for Village Services and 1995 Guilty – dismissed – later reviewed by Supreme Court –
    Provincial Affairs penalty altered to fine
    30 PAUL PORA MP; Minister for Civil Aviation 1995 Guilty – fined – judicial review by Public Prosecutor
    unsuccessful

    31 JEFFREY BALAKAU MP; Governor, Enga Province 1996 Guilty – dismissed – judicial review unsuccessful

    32 GABRIEL DUSAVA Secretary, Department of Foreign Affairs 1996 Guilty – dismissed – judicial review unsuccessful

    33 YAIP AVINI MP; Minister for Health 1996 Lost office through criminal conviction

    Appendix 1

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  • 2007 Annual Report Page 42

    LEADERS REFERRED FOR PROSECUTION BY THE
    OMBUDSMAN COMMISSION UNDER THE LEADERSHIP CODE
    AS AT 31 DECEMBER 2007

    No LEADER OFFICE YEAR RESULT
    34 JOSEPH ONGUGLO MP; Minister for Education 1996 Resigned after tribunal commenced hearing

    35 ALBERT KARO MP 1997 Lost office in election
    36 PETER YAMA MP; Minister for Transport and Works 1997 Lost office in election – later re-elected Dismissed from office
    on 01.12.04. On 04.02.05 National Court quashed the penalty
    of dismissal, dismissed 2 guilty findings and imposed a fine of
    K1000. Leader is reinstated as member of Parliament for
    Ussino-Bundi. Appeal by the Public Prosecutor is pending.

    37 AMOS YAMANDI MP 1997 Lost office in election
    38 JERRY SINGIROK Commander of the Defence Force 1999 Guilty – dismissed – judicial review unsuccessful
    39 MICHAEL GENE Secretary, Department of Attorney-General; 2000 Appointment revoked prior to appointment of tribunal
    Attorney-General
    40 JIM KAS MP; Governor, Madang Province 2000 Guilty – dismissed – judicial review unsuccessful
    41 PETER PEIPUL MP; Deputy Leader of the Opposition 2000 Guilty – dismissed – later reviewed by Supreme Court – deci-
    sion on guilt affirmed but penalty altered to fine – slip rule
    application by Public Prosecutor rejected
    42 ANDERSON AGIRU MP; Governor, Southern Highlands Province 2000 Guilty – dismissed – judicial reviews unsuccessful

    43 JOHN WAKON Commissioner of Police 2000 Appointment revoked – judicial review of referral unsuccessful

    44 KUK KULI MP 2001 Resigned after appointment of tribunal

    45 BERNARD MOLLOK MP 2001 Resigned after appointment of tribunal

    46 JACOB WAMA MP 2001 Resigned after appointment of tribunal

    47 JOHN KAMB MP; Minister for Communications and High 2001 Not guilty
    Technology

    48 BEVAN TAMBI MP 2001 Resigned after appointment of tribunal
    49 PETI LAFANAMA MP; Governor, Eastern Highlands Province 2001 Guilty – dismissed – later reviewed by National Court –
    decision on guilt affirmed but penalty altered to fine
    50 PETER WAIENG MP 2001 Resigned after appointment of tribunal
    51 ANDERSON AGIRU MP; Governor, Southern Highlands Province 2001 Guilty – dismissed – judicial reviews unsuccessful.

    52 VINCENT AUALI MP; Minister for Corporatization and 2001 Resigned after appointment of tribunal
    Privatisation

    53 PETER ARUL MP 2001 Resigned after appointment of tribunal

    54 BERNARD HAGORIA MP 2002 Guilty – dismissed

    55 MAO ZEMING MP 2002 Guilty – dismissed – Applied for judicial review. On 06/02,06
    the Court considered that the breach of s. 21(6) OLDRL did
    not result in any real and substantial injustice to Mr Zeming
    and declined to quash the tribunal’s findings and dismiss the
    application with costs to the respondent, the State, who is the
    nominal respondent representing the 1st, 2nd and 3rd
    respondents.
    56 IAIRO LASARO MP 2002 Lost office in election
    57 YAUWE RIYONG MP 2002 Lost office in election
    58 JOHN TEKWIE MP 2002 Lost office in election
    59 THOMAS PELIKA MP; Deputy Leader of the Opposition 2002 Lost office in election

    60 ANDREW KUMBAKOR MP; Minister for Finance, Planning and 2002 Not guilty
    Implementation and Rural Development

    61 MICHAEL NALI MP 2002 Guilty – fined
    62 ALFRED DANIEL Chairman, National Gaming Control Board 2002 Appointment expired after request for tribunal
    63 REUBEN KAIULO Electoral Commissioner 2002 Appointment expired after matter referred to tribunal

    Appendix 1

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    LEADERS REFERRED FOR PROSECUTION BY THE
    OMBUDSMAN COMMISSION UNDER THE LEADERSHIP CODE
    AS AT 31 DECEMBER 2007
    No LEADER OFFICE YEAR RESULT

    64 CES IEWAGO Managing Director, Public Officers Su- 2003 Appointment revoked prior to request for tribunal
    perannuation Fund

    65 MICHAEL NALI MP, member for Mendi Open, member 2003 Guilty – dismissed. Judicial Review application granted, tribu-
    Southern Highlands Provincial Assembly nal decision quashed and matter referred for rehearing. Pending

    66 DANIEL KAKARAYA Managing Director, Mineral Resources 2003 Pending – Decision Judicial review in National Court pending
    Development Corporation Ltd
    67 MARK WANI Auditor-General 2003 Guilty –Judicial Review on payment of entitlements successful.

    68 RAHO HITOLO Ombudsman 2004 Tribunal disbanded due to lack of jurisdiction. Matter pending

    69 MARK SEVUA Judge of the National Court and Supreme 2004 Pending
    Court
    70 PETER IPATAS MP, Governor of Enga Province 2004 Guilty of 16 out of 23 allegations. Fine of K1000 for each
    allegation. Public Prosecutor has filed application seeking
    leave for judicial review: pending

    71 GALLUS YUMBUI MP, member for Wosera-Gawi Open 2004 Tribunal decision pending. Recommended for dismissal
    as at 2 March 2007.
    72 CHARLIE BENJAMIN MP, member for Manus Open 2005 Guilty of 19 allegations. Recommended for dismissal as
    at 15 January 2007.
    73 GABRIEL KAPRIS MP, Minister for Works 2005 Guilty of 2 out of 2 allegations and fined K2,000

    74 ANO PALA ISO Clerk of the National Parliament 2005 Term expired and not reappointed. Pending

    75 PUKA TEMU MP, Minister for Lands & Physical Plan- 2005 Guilty of 4 out of 6 allegations. Fine of K1000 each.
    ning
    76 JAMES YALI MP, Governor of Madang Province 2005 Pending. Mr Yali was dealt with by the National Court Criminal
    Jurisdiction and convicted on 13/12/05 on rape and sexual
    assault. On 19/01/06 was sentenced to serve 12 years imprison-
    ment with hard labour.

    77 ANDREW BAING MP, Deputy Leader of the Opposition 2005 Guilty of 3 out of 5 allegations – recommended for
    dismissal as at 20 December 2006.

    78 CHRIS HAIVETA MP, Governor of Gulf Province 2006 Pending.

    79 GUAO ZURENUOC MP, member for Finchhaffen Open 2006 Pending

    80 ARTHUR SOMARE MP, minister for Planning & Monitoring 2006 Pending

    81 MELCHIOR PEP MP, Minister for Health 2006 Pending

    82 SIR MOI AVEI MP, Deputy Prime Minister and Minister 2006 Presently before a Leadership Tribunal.
    for Mining

    83 JOHN MUINGNEPE MP, member for Bulolo Open 2006 Pending

    84 FRED MALIUPA MPA, member of Madang Provincial 2006 Pending
    Assembly and President, Usino Local-
    level Government

    85 HAMI YAWARI MP, Governor of Southern Highlands 2006 Pending
    Province
    86 CHARLES PUNAHA Chief Executive Officer, Papua New 2006 Pending
    Guinea Radio communications and Tele-
    communications Technical Authority
    (“PANGTEL”)
    87 JERRY TETAGA Chairman, Public Services Commission 2006 Pending
    88 ROBINSON SIRAMBAT Provincial Administrator, New Ireland Pr. 2007 Pending. Term expired and not considered for appointment
    89 TOM TOMIAPE MP, member for Tari Open 2007 Lost office in election

    Appendix 1

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    APPENDIX 2 Major Reports produced by the Commission under Section 22 of the Organic Law on
    the Ombudsman Commission.
    Date Published Name of Report
    February 1980 Report on the formal enquiry into the dispute between the Harbours Board and the wharf work-
    ers of Rabaul.
    June 1980 Air Niugini an interim report by the Ombudsman Commission

    August 1981 Ombudsman Commission Final Report on the Kerevat National High School Enquiry

    February 1982 Report on the investigation into allegations against the former acting Vice Chancellor of UPNG
    Mr Nicholas Kuman

    November 1982 Corruption in Government

    February 1983 Formal enquiry into the cause of student unrest at the University of Papua New Guinea.

    May 1985 Report by the Ombudsman Commission on street vending and associated problems arising as a
    result of formal enquiry into the complaint by street vendors against the NCD interim Commis-
    sion.
    February 1986 Report upon an investigation into the treatment of Juvenile Offenders.

    January 1988 Brief to the Government on the Ombudsman Commission

    December 1989 Public Officers Superannuation Board Investigation
    January 1992 Investigation into the results of an investigation into the dismissal of an officer of the Papua
    New Guinea Defence Force – Leo Nuia No. 455 of 1991.

    December 1992 Report of an investigation into the Spring Garden Road Poreporena Freeway Project.

    June 1994 Report of an investigation into the Disciplined Forces Institutional Housing Project.

    November 1994 Investigation into the termination of Dr AG Pillay, a senior lecturer in Anatomy, University of
    Papua New Guinea.

    June 1995 Report of an Investigation into the Appointment of the Director and a member of the Legal
    Training Institute – Final Report
    May 1996 Investigation into Mrs Mary Parker’s Complaint Against the Public Curator
    October 1996 Investigation into alleged unfair decision in varying contract gratuity amounts due to non citizen
    contract officers by the acting chief Executive and General Manager – Papua New Guinea Elec-
    tricity Commission.
    October 1996 Investigation into Awarding of Contracts for Upgrading of the Port Moresby Water Supply Pro-
    ject.
    June 1997 Investigation into Alleged Improper Transfer of Title Relating to State Lease Volume 30 Folio
    7280 Section 238 Allotment 10 Hohola on a complaint made by Papua New Guinea Banking
    Corporation – Final Report
    August 1997 Investigation into Alleged Improper Leasing of Properties by the National Housing Corporation
    from Neisenel No. 77 Pty Ltd

    Appendix 2

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    APPENDIX 2 Major Reports produced by the Commission under Section 22 of the Organic Law on
    the Ombudsman Commission.
    Date Published Name of Report

    August 1997 Investigation into Issue of A Permit to Turama Forest Industries Pty Ltd by the Forest Authority

    November 1997 Preliminary Report on Complaint made by Ms Grace Ochero against the University of Papua
    New Guinea Relating to ERSA and Gratuity
    March 1998 Report of an investigation into the illegal occupation of state leases in Bereina town Central
    Province CF: 198/94

    November 1998 Preliminary Investigation Report of an Allegation of unfair decision to award multi-million
    Ramu Highway Upgrading and Sealing contract to Downer Construction By NEC

    November 1999 Investigation into the Purchase of the Conservatory Cairns by Public Officers Superannuation
    Fund Board and associates transactions and arrangements.

    November 1999 Investigation into the lease and proposed purchase of Malagan House, 99 Creek Street, Brisbane
    by the Independent State of Papua New Guinea.

    July 2002 Investigation into the decision of the National Forest Board to award the Kamula Doso FMA to
    Wawoi Guavi Timber company (a subsidiary of Rimbunan Hijau) as an extension to Wawoi
    Guavi Timber Resource Permit – Final Report

    July 2006 Investigation into Administrative Practice – Payment of public funds to officers for sick leave
    by a Government Department.

    Appendix 2

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    APPENDIX 3 TABLE LISTING GOVERNMENTAL BODIES WHO ARE CURRENTLY UNDER THE
    OMBUDSMAN COMMISSION’S GOVERNMENTAL BODIES LIAISON PROGRAM.
    No ORGANISATION DATE JOINED

    1 Dept. of Education June 2002
    2 Teaching Services Commission June 2002
    3 RPNG Constabulary June 2002
    4 PNG Defence Force June 2002
    5 Dept. of Correctional Service June 2002
    6 Bomana Metropolitan Goal June 2002
    7 National Housing Corporation December 2002
    8 Dept. of Lands & Physical Planning January 2003
    9 Dept. of Personnel Management March 2003
    10 Dept. of Foreign Affairs April 2003
    11 Dept. of Works June 2003
    12 Simbu Provincial Administration June 2003
    13 Electoral Commission July 2003
    14 Magisterial Service HQ July 2003
    15 Post PNG Limited July 2003
    16 Central Provincial Administration August 2003
    17 National Capital District Commission November 2003
    18 Enga Provincial Administration December 2003
    19 PNG Forest Authority April 2004
    20 Southern Highlands Provincial Administration June 2004
    21 East Sepik Provincial Administration August 2004
    22 Sandaun Provincial Administration September 2004
    23 Oro Provincial Administration September 2004
    24 Western H/lands Provincial Administration November 2004
    25 Manus Provincial Administration December 2004
    26 Madang Provincial Administration March 2005
    27 Western Provincial Administration March 2005
    28 ENBP Provincial Administration March 2005
    29 Eastern Highlands Provincial Administration August 2005
    30 Bougainville October 2005
    31 National Broadcasting Corporation December 2005
    32 Gulf Provincial Administration February 2006
    33 Milne Bay Administration March 2006
    34 Office of Workers Compensation May 2006
    35 Judicial Services September 2006
    36 Dept of Trade & Industry September 2006
    37 Office of the Clerk – National Parliament September 2006
    38 Dept. of Agriculture & Livestock September 2006
    39 Office of the Prime Minister &National Executive Council September 2006
    40 West New Britain Provincial Administration September 2006
    41 Dept. of Finance September 2006
    42 National Intelligence Office September 2006
    43 Office of Rural Development March 2007

    Appendix 3

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    APPENDIX 4 Former members of the Commission

    Sir Ignatius Kilage CBE Frank Hedges Andrew Opu Maino OBE Sunny Cherian
    Chief Ombudsman Ombudsman Ombudsman Ombudsman
    4.12.75—4.1.85 8.12.75 – 4.1.78 17.12.75 – 28.2.82 6.10.78—25.1.79

    Keith E. Anderson Jean L Kekedo OBE Sir Charles Maino Ango Wangatau
    Ombudsman Ombudsman Chief Ombudsman Ombudsman
    19.11.80 – 10.12.84 1.3.82 – 8.10.86 5.1.85—31.12.94 23.6.86 – 31.12.92

    Jim Ridges Joe N. Waugla Ninchib Tetang
    Ombudsman Ombudsman Ombudsman
    10.10.86 – 20.12.92 20.12.92—19.12.98 5.1.93 – 4.1.99

    Simon Pentanu Raho Hitolo, MBE Peter Masi
    Chief Ombudsman Ombudsman Ombudsman
    01.01.95 – 31.12.00 06.01.99 – 05.01.05 23.05.01 – 03.05.07

    Appendix 4

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    APPENDIX 5 Ombudsman Commission Office Contact Details

    HEADQUARTERS

    Ground Floor
    Deloitte Tower Telephone: (675) 308 2600
    Douglas Street, Port Moresby Facsimile: (675) 320 3263
    PO Box 1831 Email: ombudspng@ombudsman.gov.pg
    PORT MORESBY 121
    National Capital District

    REGIONAL OFFICES

    Mamose Region
    Vele Rumana Building Telephone: (675) 472 1695
    4th Street Facsimile: (675) 472 2755
    PO Box 2259
    LAE 411
    Morobe Province

    Highlands Region
    AGC Building Telephone: (675) 542 1986
    Hagen Drive Facsimile: (675) 542 2497
    PO Box 745
    MT HAGEN 281
    Western Highlands Province

    New Guinea Islands Region
    PO Box 359 Telephone: (675) 982 8792
    KOKOPO 613 Facsimile: (675) 982 8953
    East New Britain Province

    Contact Details

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