Independent State of Papua New Guinea

Independent State of Papua New Guinea

For the period 1 January 2008 to 31 December 2008

“Lead and promote good Governance and Leadership.”

To this end the Constitution clearly states the purposes of establishing the Ombudsman Commission: to help in the elimination of unfair or otherwise defective legislation and practice af-fecting or administered by governmental bodies; and to supervise the enforcement of the Leadership Code; and to help in the improvement of the work of governmental bodies and the elimination of unfairness and discrimination by them; and to ensure that all governmental bodies are responsible to the needs and aspirations of the people; and To work with the Law and Justice Sector (LJS) in ensuring that there is improved ac-countability and reduced corruption This constitutional mandate provides the Ombudsman Commission with its mission.

[Ombudsman Commission Strategic Plan 2006 – 2010]

Date: 10 October, 2011

His Excellency Sir Michael Ogio, CMG CBE The Governor-General Government House KONEDOBU National Capital District Your Excellency, Section 220 of the Constitution* requires the Ombudsman Commission to furnish to the Head of State, for presen-tation to Parliament, an Annual Report on its functions and workings as well as other such reports as necessary from time to time. The Commission hereby submits to you its 2008 Annual Report. It covers the period 1 January 2008 to 31 Decem-ber 2008 and includes the Commission’s 2008 Audited Financial Report.

* Section 220 of the Constitution states:

(1) The Ombudsman Commission shall, at least once in each period of 12 months, at such time as is fixed by or under an Act of the Parliament or, subject to any such Act, by the Head of State, acting with, and in accordance with, the advice of the National Executive Council, give to the Head of State, for presentation to the Parliament, a report on the functions and workings of the Commission, with such recommendations as to improvement as the Com-mission thinks proper.

(2) Nothing in Subsection (1) prevents the Commission from making, on its own initiative or at the request of the Parliament or of the National Executive, other reports on any aspect of the functions and workings of the Commission.

TELEPHONE: (675) 308 2600 FACSIMILE : (675) 320 3263 EMAIL: [email protected]

PO Box 1831 PORT MORESBY 121 NCD Papua New Guinea

Ombudsman Commission of

Papua New Guinea

ANNUAL REPORT 2008

For the period 1 January 2008 to 31 December 2008

ADHRU Anti Discrimination and Human Rights Unit AMS Asset Management System AMT Activity Managers Team BAC Bachelor of Commerce CAID Complaints and Administrative Investigations Division CBE Commander of the Order of British Empire CEO Chief Executive Officer CHRIS Complete Human Resources Information System CLRC Constitutional and Law Reform Commission CMC Contract Management Committee CMG Companion of the Order of St Michael and St George CMR Comprehensive Management Review CMS Case Management System CPA Central Provincial Administration CPC Constitutional Planning Committee CS Correctional Services DCJ Deputy Chief Justice DL&IR Department of Labour & Industrial Relations DPM Department of Personnel Management ERP External Relations Program GBLP Governmental Bodies Liaison Program HQ Head Quarters IAACA International Association of Anti- Corruption Authorities ICCPR International Covenant on Civil and Political Rights ICESCR International Covenant on Economic Social and Cultural Rights IPA Investment Promotion Authority ISU Intake and Screening Unit LJS Law and Justice Sector LLG Local-level Government

MBA Masters In Business Administration MBPA Milne Bay Provincial Administration MBE Member of the British Empire MOA Memorandum of Agreement MOC Members of the Commission MP Member of Parliament NCD National Capital District NCM National Coordination Mechanism NEC National Executive Council OC Ombudsman Commission 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 OLOC Organic Law on the Ombudsman Commission PEB Provincial Education Board PGH Popondetta General Hospital PNG Papua New Guinea PNGCS Papua New Guinea Correctional Service PNGDF Papua New Guinea Defence Force PSC Public Services Commission PVA Pay Variation Advice ROG Redress of Grievances RPNGC Royal Papua New Guinea Constabulary RTBH Right to be Heard SDC Serious Disciplinary Charges SWG Sector Working Group TSC Teaching Services Commission UNHCR United Nations High Commissioner for Refugees WPA Western Provincial Administration

LIST OF ABBREVIATIONS

1 MEMBERS OF THE COMMISSION___________________________________________ 2 YEAR IN REVIEW________________________________________________________

1 2

3. THE OMBUDSMAN COMMISSION___________________________________________ 4

4. MANAGEMENT AND ACCOUNTABILITY_____________________________________ 7

5. MAJOR ACTIVITIES______________________________________________________

i) Enforcing the Organic Law on the Ombudsman Commission______________

11 12

ii) Enforcing the Leadership Code_____________________________________ iii) Office of Counsel________________________________________________

20 22

iv) Directions under Section 27 (4) of the Constitution______________________ 25

v) Regions and External Relations Programs (RERP)_____________________ 27

6. AUDITED FINANCIAL REPORT_____________________________________________ 30

7. APPENDICES___________________________________________________________ 43

Appendix 1 - Ombudsman Commission Structure________________________________ Appendix 2 - List of Leaders referred to the Public Prosecutor as at 31 December 2008__

44 45

Appendix 3 - List of Reports produced under OLOC as at December 2008 ___________ 49

Appendix 4 - List of Governmental Bodies under GBLP up to 2008 __________________ 51

Appendix 5 - Former members of the Commission_______________________________ 53

Contact Details___________________________________________________________ 8. FIGURES 1 Recruitment and Staff Establishment___________________________________________ 2 Total annual grant _________________________________________________________ 3 Total annual expenditure ____________________________________________________ 4 Total assets ______________________________________________________________ 5 Complaints against Government Bodies_________________________________________ 6 Complaints against Government Bodies_________________________________________ 7 Complaints received against leaders in 2008 _____________________________________ 8 Number of Annual Statements sent out to leaders in 2008__________________________ 9 Court Matters in 2008_______________________________________________________ 10 Complaints received and processed____________________________________________

54 7 9 9 10 14 14 20 21 24 28

TABLE OF CONTENTS

1. MEMBERS OF THE COMMISSION

Page 1 2008 Annual Report

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 Chronox Manek, Ombudsman John Nero and Ombudsman Phoebe Sangetari.

Chief Ombudsman Chronox Manek, LLB LLM OL Chief Ombudsman Chronox Manek is from Wambangan village, Boana District, in the Morobe Province. Mr Manek holds a Bachelor of Laws Degree from the University of Papua New Guinea and Masters of Laws Degree from the University of Melbourne, Australia. Mr Manek was appointed Public Solicitor of PNG in 1999 and Public Prosecutor of PNG in 2001 prior to joining the Ombudsman Commission on July 3, 2008. During the course of his ca-reer, Mr Manek has been appointed to a number of key organizations both in the country and abroad, notably, co-Chairman of the International Association of Prosecutors World Confer-ence in Copenhagen, Denmark, Director of Asia Crime Prevention and Foundation, Director on the International Ombudsman Institute, Vice-Chairman of the Pacific Ombudsman Alli-ance and more recently elected as an Executive Committee Member of the International As-sociation of Anti –Corruption Authorities (IAACA) to name a few.

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 Finance and Planning Department as a Finance Inspector for four and a half years before joining the Ombudsman Commission as a Senior Investigator and later Dep-uty Director (Leadership) in April 2002 until his acting appointment as Ombudsman in Feb-ruary 2005. He has also served in the Accounting & Finance Division of the then Rural De-velopment Bank now known as National Development Bank (NDB) for 2 years. 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 Prac-tising Accountants, CPA PNG.

Ombudsman Phoebe Sangetari comes from Samba Village in Sohe District, Oro Province. Ms Sangetari was appointed as Ombudsman on 15 November 2007. She holds a Bachelor of Laws Degree from the University of Papua New Guinea and a Masters of Laws Degree from the Australia National University (ANU) in Australia. Prior to her appointment as an Ombudsman, Ms Sangetari served as Senior Legal Officer with the Ombudsman Commission of Papua New Guinea, Legal Officer with the Department of Environment & Conservation, Deputy Registrar with the Department of Mining, Assistant Secretary – Legal & Contracts with Department of Personnel Management, Director Senior Executive Services with Department of Personnel Management, and Deputy State Solicitor (International Law) with Department of Justice & Attorney General. Ombudsman Sangetari is the second Women Ombudsman after Ms Jean Kekedo, in the his-tory of the Ombudsman Commission of Papua New Guinea.

Ombudsman Phoebe Sangetari, LLB LLM

Members of the Commission

The year 2008 unfolded with different challenges and opportunities providing Ombudsman Commission of Papua New Guinea to effectively deliver its mandated functions under Section 219 of the Constitution. The Commission has a clearly defined purpose or reason for its establishment as stipulated under Section 218 of the Constitution. Through this mandatory responsibility, the Commission developed its 2008 Annual Business Plan (Ombudsplan) with activities, projects and programs to implement to achieve its strategic priority of improved accountability and reduced corruption. The Vision for the Commission is to lead and promote good governance and leadership. Members of the Commission (MOC) After the departure of Chief Ombudsman Ila Geno in June 2008, the Ombudsman Appointments Committee appointed Mr. Chronox Manek, in accordance with Section 217 of the Constitution and Section 5(1) of the Organic Law on the Ombudsman Commission in July 2008. The Governor General Grand Chief Sir Paulias Matane signed instruments effecting Chief Ombudsman Manek’s appointment for a period of six (6) years with effect from 3 July 2008. Prior to joining the Commission, Chief Ombudsman Manek, a lawyer by profession, held leadership positions as Public-Prosecutor and Public Solicitor. Chief Ombudsman Chronox Manek is the fifth Chief Ombudsman of the Ombudsman Commission of Papua New Guinea. The other two Members of the Commission are Ms Phoebe Sangetari LLB, LLM, and Mr. John Nero BAC, MBA. Ombudsman Sangetari has occupied the position for one (1) year six (6) months and Ombudsman Nero for three (3) years. Leadership Division The Leadership Division had to re-open files for the Members of Parliament who were re-elected and opened new files for the new members elected into Parliament for the first time. Some new Departmental Heads were also appointed and this made 2008 a challenging year for the Division. Other Operational Divisions The other Divisions including Complaints, Office of Counsel, Regions & External Relations, and Office of Secretary continued to implement their responsibilities and duties as indicated in the Commission’s 2008 Annual Business Plan (Ombudsplan). Regions & External Relations Division The Regions and External Relations Division was created and operated as the ‘face’ or first point of contact for Ombudsman Com-mission through its three (3) Regional Offices in Lae, Kokopo and Mt Hagen and two (2) offices at the Head Office through the In-take & Screening and Government Bodies Liaison Program Units. This Division took on the role of engaging with the governmental bodies, general public and other stakeholders through its aware-ness and education programs on the roles and functions of the Commission. The Division still maintains its investigation function through the Regional Offices.

2. YEAR IN REVIEW

2008 Annual Report Page 2

Year in Review

Year in Review


Governmental Bodies Liaison Program The Commission through the Governmental Bodies Liaison Program (GBLP) developed strategies to work with governmental bodies improve their internal complaints handling systems and procedures. The Commission strengthened the Liaison Officers concept in governmental bodies including Provincial Administrations, statutory agencies and national line departments. The Commission also initiated and established a working committee jointly with the Papua New Guinea Defence Force under the concept, PNG Defence Force Redress of Grievance (ROG) to address administrative complaints. This concept is similar to the Royal PNG Constabulary concept project—Police Oversight which investigates internal complaints of the Constabulary . A Client Service Centre is established in the Department of Education and Quality Assurance Unit is established at the Port Mo-resby General Hospital as the result of this Program. External Relations Activities The Commission visited provinces, communities, educational institutions, governmental bodies, and other groups to educate and create awareness about its jurisdictions, roles and functions. A major survey was commenced this year to find out how much the public knew about the jurisdiction, roles and functions of the Commission. Sample provinces were covered from each of the four regions including Sandaun, Madang, Manus, West New Britain, Western Highlands, Eastern Highlands, Milne Bay and Central. The Commission also visited some districts and Local Level Governments (LLG) to conduct its LLG Leaders’ training with LLG Presidents, Mayors and Ward Members on the duties and responsibilities of leadership. The Police Oversight project continued with the Royal PNG Constabulary. The MOA with RPNGC was reviewed and signed by Commissioner of Police and the Chief Ombudsman. Law & Justice Sector Development Budget Projects/Activities The Commission has been part of the Law & Justice Sector Program and has contributed effectively to the Sector Programs. The Commission was represented by the Chief Ombudsman at the National Coordination Mechanism (NCM), Secretary at the Sector Working Group (SWG), and several Managers at the Activity Managers Team (AMT). Eleven (11) Projects/Activities were implemented with Sector Development Budget support generally complementing the Commis-sion’s core functions to meet its Vision – to lead and promote good governance and leadership. Some of these Projects were new initiatives while some were in their final stages of completion and integrated into the recurrent budget. While all Sector Development Budget Projects have complemented well the core functions of the Commission, notable ones are the OC Twinning Arrangement with Commonwealth Ombudsman of Australia, the Police Oversight with Royal PNG Constabulary, Inter-nal Complaints Handling Mechanism with Governmental Bodies, and the LLG Leaders training with the LLG Presidents, Mayors and Ward Members. Significant Appointments Section 25 (1) of the Organic Law on the Ombudsman Commission outlines the appointment of the Counsel and Secretary to the Commission. In this reporting period, the Commission did not have substantive Counsel and Secretary since the resignation of Counsel Nemo Yalo and Secretary Mavara Sere. During this period, Mr. Allan Barilae was Acting Secretary while Counsel Vergil Narokobi was appointed in the third quarter. Tabitha Suwae was Acting Counsel during the first quarter and Esther Gaegaming during the second quarter.

THE OMBUDSMAN COMMISSION The Ombudsman Commission is 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 dis-criminatory practices by any person. It is tasked to ensure that all governmental 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; to help in the elimination of unfair or other-wise defective legislation and practices affecting or administered by governmental bodies; and to supervise the enforcement of Division III.2 (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; Organic Law on the Ombudsman Commission and the Organic Law on the Duties and Responsibilities of Leadership. 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 prece-dence. THE APPOINTMENT OF 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 Ap-pointments 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. MEMBERS OF THE COMMISSION (MOC) The Ombudsman Commission comprises of the Chief Ombudsman and two Ombudsmen who are required to provide effective lead-ership and direction to Commission in its daily Administrative and Constitutional duties. ACCOUNTABILITY Section 220 of the Constitution also imposes administrative duty on the Commission to report to Parliament on the operation of the Commission every twelve (12) months. The Ombudsmen are also subjected to the Leadership Code.


The Ombudsman Commission

3. THE OMBUDSMAN COMMISSION

PRIMARY FUNCTIONS The Commission has three primary functions and, in addition, a number of complementary functions.

COMPLEMENTARY FUNCTIONS In addition to its primary functions, the Commission has a number of complementary functions.



FUNCTION SOURCE OF POWER Investigation of alleged wrong conduct Constitution, Sections 219(1)(a) & and defective administration by 219(1)(b); Organic Law on the governmental bodies. Ombudsman Commission Investigation of alleged discriminatory Constitution, Section 219(1)(c);Organic practices, by any person or body. Law on the Ombudsman Commission; Discriminatory Practices Act. 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.

1 2 3

FUNCTION SOURCE OF POWER

1. Power to make special references to the Supreme Court on questions of constitutional interpretation.

Constitution, Section 19

2. (Implied) power to protect and enforce the Basic Rights and Freedom under the Constitution

Constitution, Section 57

3. Power to advice (jointly with the NEC) the Queen and Head of State, to consent for the Governor-General holding another office or position or engag-ing in another calling.

Constitution, Sections 87(3) & (4).

4. Power to help enforce the Organic Law regulating political parties, political donations and the protec-tion of elections from outside or hidden influences.

Constitution, Sections 129 & 130; Organic Law on the Integrity of Political Parties and Candidates.

5. Power given to Chief Ombudsman to participate in judicial appointments etc, by virtue of his member-ship of the Judicial and Legal Services Commission.

Constitution, Section 183; Organic Law on the Judicial and Legal Services Commis-sion.

6. Power given to Chief Ombudsman to participate in the appointment of the Public Service Commissioner by virtue of his membership of the Public Services Commissioners’ Appointment Committee.

Constitution, Section 190(2) (e).

THE SERVICE OF THE COMMISSION Section 25 of the Organic Law on the Ombudsman Commission (OLOC) requires the Commission to appoint a Secretary to the Commission and Counsel to the Commission and such other officers as in its opinion are necessary for the efficient perform-ance of the functions of the Commission. The service of the Commission comprises of the officers of the Commission excluding the Members of the Commission (MOC). Refer to the Ombudsman Commission’s Structure on page 44 of Appendix 1. Office of the Secretary The Secretary to the Commission heads the Office of the Secretary. The Office comprises the Executive and Support Services Branches. The Secretary manages the functions of the Executive Services Branch (Media and Communication Unit, Internal Audit Unit and Policy and Planning Unit) and the Support Services Branch (IT Unit, Finance Unit, HR Unit, Logistics Unit) in consultation with the Senior Manager Support Services. The Office provides policy direction and leadership to these branches in order to align advice and service in line with the needs and expectations of the MOC. Office of Counsel The Counsel to the Commission heads the Office of Counsel and ensures that the Commission is provided with sound legal advice. The key strategy for the year is administering quality control over major outputs of the Commission; providing legal opinions based on law and sound constitutional principles; preparing right to be heard notices with minimum delay; referrals to the Public Prosecutor and providing timely legal opinions. Leadership Division The Leadership Division was created under the Comprehensive Management Review (CMR) recommendations to accommo-date a directorate which will be responsible for the discharge of duties relating to the Leadership Code and incumbent, Roderick Kamburi, was appointed to oversee the administrative roles of the Division. Complaints Administrative and Investigative Division Similarly a directorate for the Complaints Administration and Investigation Division was established with a Director who is re-sponsible for the administration of Complaints Administration and Investigations. The incumbent Director Mr Joseph Molita was appointed to take charge of the Division which is composed of an Anti-Discrimination and Human Rights Unit (ADHRU) and four Investigation Teams. Regions and External Relations Regions and External Relations Division was also formed as a result of a CMR recommendation. The Division is responsible for the administration of Regional Offices and External Relations Programs. The Division facilitates investigations at regional level as well as enhancing the image of the Commission through the facilitation of media and awareness programmes.

☯ ☯ ☯



Management and Accountability

4. MANAGEMENT AND ACCOUNTABILITY


During the year the Ombudsman Commission managed its employees in accordance with the PNG Government’s Public Service General Orders and other workplace policies. This Chapter looks at some of the activities covered during the reporting period covering human resources and finance and ac-countability. Human Resources The Human Resources Unit is responsible for personnel, training and development and maintaining the Human Resources Informa-tion Systems (CHRIS21). These are very broad areas of responsibilities that covers recruitment, contract management, leave and salary administration, performance management, training and development and management of the electronic Human Resources Systems. Figure 1. Recruitment and Staff Establishment

Recruitment of 41 outstanding vacancies has been a huge challenge for the Commission this year. Recruitment was outsourced to reputable recruitment agencies to assist with recruitment drive. Ten appointments were made dur-ing the reporting year which comprised six internal appointments and four external. As a result of the internal appointments, an-other six positions were made vacant and added to the vacancy list. There were also thirteen (13) staff turnover in the year including the end of the term of former Chief Ombudsman Ila Geno. The current Chief Ombudsman Chronox Manek also took office in July of the year. The thirteen vacancies added to the existing vacan-cies which made the task twice as challenging for the Commission. The Commission also implemented the second phase of the restructure at the lower level positions and this process involved identi-fying suitable officers within the Commission and relocating to vacant positions of equal qualifications. This exercise also culmi-nated into identifying officers who were not suitable and qualified for other vacancies and who were listed for retrenchment. Gender and equal employment opportunity Commission is a champion of good governance and leadership and through its recruitment process has made appointments and promotions based on merits and credentials. This has been further demonstrated through the appointment of a female officer to middle management this year.

Division Establishment Staff on Strength Vacancy Resignation /Termination

MOC 3 3 Nil 1

Office of Secretary 13 7 6 2

Support Services 22 21 1 0

Office of Counsel 09 8 1 2

Leadership 28 22 6 2

Complaints 29 18 11 3

Regions and External Relations

42 26 16 3

Total 146 105 41 13



Contract Management In the year there were forty seven (47) contracts of employments administered which involved contract gratuity payments, renew-als of contracts and offer of appointments, processing and signing of contracts. Contracts of employment are performance based and there were twenty nine contracts that expired and twenty eight were re-newed except one due to non performance. Only eighteen officers signed their contract while the other eleven were delayed due to other reasons related to contract issues and officers being absent on leave and travel at that time. Training and Development The Commission highly promotes Training and Development for all officers across the board irrespective of the positions. Com-mission ensures that there is total capacity building for officers to be fully skilled so that they can competently and diligently deliver to the required standards and expectations. Training for officers was lower then usual this year because of manpower constraints to facilitate these programs and were only facilitated on the bases of critical corporate needs at that time. Development Activity - Twinning Program and Bar Readers Course The Commission receives development funds through the Law and Justice Sector Program to fund other development and train-ing programs that recurrent budget is not able to cater for. The two activities funded under the development funds were the Twinning Program and the Victoria Bar Readers Course. The Twinning Program is an initiative of the Ombudsman Commission of PNG and Commonwealth Ombudsman of Australia for ca-pacity building. The program has been a success story between the Ombudsman Commission and Commonwealth Ombudsman Office in Can-berra. The program started in 2005 with a MOA signed between the Commission and Commonwealth Ombudsman to build and develop the investigation and complaints handling skills for Investigators and this started off with placements from the Complaints and Administrative Investigations Division. The Commission sent two officers for two (2) months placement respectively at the Canberra Office during the year. To recipro-cate, the Commission also hosted two placements from the Commonwealth Ombudsman Office, one attached to Regions and External Relations Division for three (3) months and the other for a short placement of two weeks with the Human Resources Unit. An annual review and monitoring meeting on the Twinning activities for the year was held in December between the two organisa-tions to reflect back on the achievements and challenges and to plan for the following year’s program. The Commission also actively participated in the Bar Readers course conducted by the Victorian Bar Readers in Melbourne, Aus-tralia for a duration of two months This year a Lawyer from the Office of Counsel attended and participated in the course. Complete Human Resources Information System (CHRIS21) The Human Resources Unit has ownership of the CHRIS21 system, which is a computerised Human Resources System that contains staff personal and salary data and all different streams of human resources functions and also operates the payroll func-tion. The system has not yet been fully maximised and requires further loading of leave data onto the system. The only fields that have been used to date are staff leave and payroll fields. The migration of manual leave records to CHRIS21 and loading of data into the other critical HR streams is ongoing and providing access to users continues to be a challenge for the Commission.



Challenges The year has been very challenging for the Commission considering the restructure in the establishment, the manpower con-straints and the recruitment drive to fill in the huge number of vacancies. Recruitment of 41 positions was a huge challenge for the Commission to meet the budget requirements of the approved funded ceiling on the structure. The outsourcing of the recruitment to reputable recruitment firms was one of the strategies that was used by the Commission to assist in filling in vacancies. However there were other impediments in the process that also contributed to the Commission not meeting its recruitment target. These included the process not been able to identify suitable candidates, salary offered was not competitive, suitable candidates appointed moved on to better employment or were unreachable. Managing of contract of employment for forty seven officers was a big challenge as well, considering the lack of manpower in the Unit in trying to effectively and efficiently attend to contract matters. A number of issues surfaced in the year which contrib-uted to the delay in the signing of contracts for some officers. Achievements Despite the shortcomings that were experienced due to manpower constraints and other factors that may have been beyond our control, there were some major impact decisions that were made which translated into achievements for the Commission: • Partial improvement in the staff terms and conditions through the upgrading of salary entry points for positions across the

entire structure. • Finalising of the Twinning placement selection guidelines. • Implementation of the second phase of the restructure for the lower level positions. Finance and Accountability The Finance Unit is a section embedded within the Support Services Division of the Ombudsman Commission which is responsi-ble for providing 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 quarterly expenditure reports; liaise with the Department of Treasury for the disbursement of monthly appropriations and ensure salary and wages for the Commission employees are paid in a timely manner. During 2008 the Finance Unit ensured the timeliness of the 2009 Budget Submission; statutory Quarterly Budget Reports; pay-ment of the 26 pay periods; payments of all accounts payables. External audit engagement have been managed within report-ing timelines and external financial reporting has continued to be of professional quality resulting in the unqualified 2008 ac-counts by the Auditor-General of Papua New Guinea. Costs of operation have been well controlled, in line with prevailing strate-gic plans. Figure 2 and Figure 3 below shows the Commission’s Total Annual Grant and Total Annual Expenditure for the year.

TOTAL ANNUAL GRANT

0.02.04.06.08.0

10.012.014.0

2005 2006 2007 2008

Years

Kin

a M

illio

n

TOTAL ANNUAL EXPENDITURE

0.02.04.06.08.0

10.012.014.0

2005 2006 2007 2008

Years

Kin

a M

illio

n

Figure 2: Total Annual Grant Figure 3: Total Annual Expenditure



Asset Management System In 2008 the Asset Management System (AMS) was reconciled on monthly basis to capture asset acquisitions and disposals. The value of Commission assets at the beginning of the year was K6,118,487.53 During the year a total assets value of K 752,051.17 were acquired and a total assets value of K126,020.86 were disposed of during the same period. To close the year, the Commis-sion had a cumulative total asset of K 6,744,517.84 This is reflective in the table ( Figure 4) below.

☯ ☯ ☯

TOTAL ASSETS

0.02.04.06.08.0

10.012.014.0

2005 2006 2007 2008Years

Kin

a M

illio

n

Figure 4: Total Assets


Major Activities

5. MAJOR ACTIVITIES

This Chapter looks at the performance of the operational areas of the Ombudsman Commission, focusing on the activities carried out throughout the reporting year. The major activities include,

I. Enforcing the Organic Law on the Ombudsman Commission

II. Enforcing the Leadership Code

III. Office of Counsel

IV. Directions under Section 27 (4) of the Constitution

V. Regions and External Relations Program.

The Reports consolidate the operations of the Commission from receiving complaints, conducting preliminary inquiries to full inves-tigations, Leadership Tribunals, resolving of administrative complaints, carrying out educational awareness to promote the tradi-tional roles and functions of the Commission and covering the Leadership Code.

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 af-fected by various forms of administrative injustice. In its traditional role therefore, under Section 218 of the Constitution 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.

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 oppres-sive.

An investigation of alleged wrong conduct by a governmental body is carried out under the Organic Law on the Ombudsman Com-mission. 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 juris-diction of the Commission. The Commission is obliged to consider every complaint it receives and has the discretion whether to investi-gate 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 posi-tively assist the public, particularly public servants and governmental bodies to do their jobs properly. The wider purpose of the exis-tence of the Ombudsman Commission has a clear conceptional basis in the Constitution.

Complaints & Administrative Investigation Division (CAID) The Complaints and Administrative Investigative Division (CAID) is a division headed by a Director. There are five (5) investigation teams, each headed by a Team Leader who reports to the Director. Each team comprises of three senior investigators, an investi-gator and an assistant investigator. Under the restructure the CAID receives and investigates complaints that are referred by the Director Regions and External Relations for formal investigations after making assessments.


Major Activities - Enforcing the Organic Law on the Ombudsman Commission

I. Enforcing the Organic Law on the Ombudsman Commission

The CAID investigates complaints regarding 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. Investigations Conducted during the year A total of 245 new cases were opened for preliminary investigations during the year. In addition we carried over 123 cases out-standing from 2007. One hundred and sixty- five (165) of these cases were investigated and completed at preliminary investigation stage and 42 cases that progressed to full investigation were completed in 2008. Two hundred and seven (207) case files including case files from previous years were closed during the year and 160 cases were carried forward to 2009. Police Oversight Project The Police Oversight activity came into existence as a result of Police Administrative Review Report (2004)recommendation num-ber 29. On 1 June 2007 a Memorandum of Agreement was signed between the Ombudsman Commission and the Royal Papua New Guinea Constabulary to work together for one year. The MOA allowed the Ombudsman Commission to oversight Police Inves-tigations into police misconduct. Three main activities were undertaken in 2008. These include conduct of MOA awareness in provincial police establishments, high profile case investigation and review of the MOA. The Ombudsman Commission completed conducting MOA awareness in the pro-vincial police establishments that have not been covered in 2007 and received overwhelming support from Police both rank and file for the MOA to become an Act. Cases under Clause 11 of the MOA are referred to as high profile cases. These cases can be own initiative investigation cases or upon complaint by public against police action or inaction or police against police. The Ombudsman Commission received 31 police complaints in 2008. Of these three were high profile cases and joint investigations were conducted that resulted in a Police Station Commander being demoted from Inspector rank to Sergeant rank, a Metropolitan Superintendent charged with three Serious Disci-plinary charges and police arrested culprits who were not apprehended over a murder case reported to police. The rest of the cases were successfully investigated by Police Internal Affairs Directorate officers which were reported during monthly case reviews or closed, due to lack of merit, time barred or not lodged with the police in the first instance. The MOA signed in 2007 lapsed on 1 June 2008 and it was reviewed and resigned on 11 June 2008 for a three year period. The MOA will terminate once proposed Police Integrity Act becomes a law. The Ombudsman Commission ultimately hopes to see police deal with many of these cases in the first instances. This would go a long way in restoring public confidence in the work of the Police. 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 Investiga-tion Division. The main objectives of the unit 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.



In 2008, the unit conducted awareness activities and Human Rights trainings which are listed below.

1 - Human Rights Training for Lawyers 2 - Human Rights Training for Journalists and media personnel. 3 - Human Rights Training for Caritas PNG 4 - Human Rights and HAMP Act Training for World Vision International 5 - Executed the UNDP Human Rights Project. 6 - Conducted mass Human Rights awareness to the four (4) Regions of the country. 7 - Involved in the successful ratification of the two major human rights international treaties- ICCPR and ICESCR by the GoPNG. 8 - Involved in the development work for the establishment of the PNG Human Rights Commission 9 - ADHRU participated and developed FSV- Family and Sexual Violence, Legislative reform to explicitly ban all forms of Corporal punishment by CLRC-Constitutional and Law Reform Commission. 10 - Attended training in Introduction to International Protection and Refugee Law – UNHCR.

Complaints against Government Bodies. Figures 5 and 6 illustrate the number of complaints against Government Bodies received and investigated by the Ombudsman Com-mission in 2008. The pie graph and table below show in percentage and the actual number of complaints received against the top ten agencies out of 56 investigated agencies. Figure 5:

Figure 6:



Dept of Civil Aviation & Tourism, 5

Dept of Police, 58Dept of Education,

7

Dept of Agriculture & Livestock, 7

Dept of Defence, 8

Dept of C.I.S., 9

Dept of Lands & Physical Planning,

11

Dept of Transport, 5

Dept of Labour & Industrial

Relations, 5

Teaching Services

Commission, 5

Dept of Police

Dept of Lands & PhysicalPlanningDept of C.I.S.

Dept of Defence

Dept of Agriculture & Livestock

Dept of Education

Dept of Civil Aviation & Tourism

Dept of Labour & IndustrialRelationsDept of Transport

Teaching Services Commission

Dept of Police 58 Dept of Lands & Physical Planning 11 Dept of C.I.S. 9 Dept of Defence 8 Dept of Agriculture & Livestock 7 Dept of Education 7 Dept of Civil Aviation & Tourism 5 Dept of Labour & Industrial Relations 5 Dept of Transport 5 Teaching Services Commission 5

CASE SUMMARY The following are brief summaries of some complaints cases that were lodged with OC in 2008 which were dealt with under OLOC.

A former soldier complained to the Ombudsman Commission alleging that the PNGDF had failed to pay him ex-gratia payments as part of his final entitlement. He relied on an NEC Decision that rendered members who were discharged on medical grounds to be eligible for retrenchment benefits. Discharge on medical grounds is considered ‘normal discharge’ therefore ex-gratia payment is not included as part of the final entitlements. The investigation found that the complainant was discharged on medical grounds on 16 July 2000. It also found that the NEC decision which the complainant relied on was effective after 1 January 2001 therefore the complainant was not eligible. The complainant was informed of the findings.

A number of police pensioners complained that Royal Papua New Guinea Constabulary had failed to implement an amendment to Section 97(1) of the Police Act about raising the rate of pension from 25% at the time of exit to 50%. The investigation revealed that the amendment became effective on 17 December 1998 and that the RPNGC had already imple-mented the amendment sometime in 2006. Investigation revealed that RPNGC did not have sufficient funds available at that time to back pay the difference caused by the adjustment retrospective to the effective date. RPNGC however was in the process of securing funds to settle the back payment. The Commission discontinued the investigation on the basis that the issue of implementation had been adequately addressed.

A Senior Public Servant alleged that a Policeman from the Gerehu Police station in Port Moresby had confiscated three (3) motor vehicles, a stereo, deep freezer and clothes belonging to his family. In his complaint he also stated that he had written to the Director for Special Services Division of the Royal Papua New Guinea Constabulary about assault by the policeman using a police issued firearm (AR 15). The Ombudsman Commission liaised with the Police Internal Affairs to check and advise if the matter was being investigated. On 18 August 2008 the Ombudsman Commission was advised that investigation into the matter had been completed and that the member had been charged with five (5) counts of Serious Disciplinary Charges (SDC). We were given a copy of a Proof of Service by the Internal Affairs and we were advised that the matter would be adjudicated and a penalty handed out to the member. This case highlights a lack of supervision at our police stations to adequately attend to police complaints. The Commission has made attempts to bring this to the attention of the police hierarchy through the Police Oversight Project.

A group of teachers complained to the Ombudsman Commission that in 2002, they were engaged by the Central Provincial Education Board (PEB) through the Central Provincial Division of Education to teach in various schools in the Central Province. They were recruited due to a teacher shortage in the Province. However, the Division of Education did not consult the Teaching Services Commission (TSC), the overall authority, thereby breaching Section 22 of the Teaching Services Act and failing to abide with the TSC Circular No.1 of 2001. The TSC invoking its powers, deregistered the teachers and advised the Central Provincial Administration (CPA) to pay the teachers’ unpaid salaries for the period that they had rendered their services from 21 January to 23 April 2002, as they had initially employed the teachers with out consulting the Teaching Services Commission.



Case Summary Non payment of Ex Gratia payment by PNGDF

Case Summary Underpayment of Police pension

Case Summary Abuse of power by policeman

Case Summary Recruitment not in line with Section 22 of the Teaching Service Act

On 9 April 2002, the Manager Division of Education had submitted the list of names of the complainants to the TSC seeking its ap-proval to appoint them. However, the list was rejected on the grounds that the complainants did not posses the proper qualifications and the teachers were advised to appeal directly to the Minister for Education pursuant to Section 104 of the Education Act 1988 to air their grievances. In the following years, 2005, 2006 and 2007, the Manager made submissions to the CPA but these were rejected due to insufficient funds. The Manager made another submission in 2008 and on 17 October, the teachers were finally paid their unpaid salaries for services rendered in 2002. It was concluded that the teachers were improperly engaged by the CPA in 2002 forcing the TSC to deregister the teachers and issue a further directive not to engage their services as it was in direct violation of the Special General Order No.10 and TSC Circular No.1 of 2001. This case highlights the continuing failure and lack of coordination between government agencies to ensure proper proce-dures are followed.

A former employee of the Central Provincial Administration (CPA) complained to the Commission that he was not paid his salaries for the period that he was suspended with pay from 1987 to 1990 when he was retrenched. He had worked for more than twenty – three (23) years as teacher, Inspector and Senior Inspector, Assistant Secretary and Superin-tendent in the Department of Education, and then as First Assistant Secretary Policy and Planning in the CPA. In 1985 he was charged and suspended on full pay for alleged wrong conduct in office and an investigation into the matter was con-ducted. He appealed to the Public Service Commission (PSC) for a review on a personnel matter. However, on 21 September 1987, he was put off the payroll without explanation, while the matter was still been deliberated on by PSC. In 1988, the PSC upheld his appeal and recommended that the appeal be accepted and that the suspension of salary be revoked, the officer put back on the payroll and the officer’s unpaid salaries reimbursed and other entitlements paid. In spite of the PSC recom-mendation, the CPA was not able to pay his unpaid salaries and other entitlements. While this was pending he was retrenched on 20 April 1990. However, he did not receive his retrenchment entitlements nor the unpaid salaries. The Commission while investigating the matter found that the Central Provincial Administration had failed to deal with the matter as his personnel file was lost. After numerous letters and meetings with the CPA a cheque of K25, 862.02 was paid as his outstanding unpaid salaries on 22 April 2008. The CPA also forwarded his personnel file to DPM to be included in the retrenchment exercise in 2008. The Commission noted that there was a lack of proper staff record keeping by Central Provincial Administration and thus advised the CPA to ensure proper records are kept and maintained so that staff entitlements are administered effectively to avoid future problems relating to same. CPA was also advised to establish proper liaison and coordination with Department of Personnel Management to deal with retrenchment issues effectively in the future to avoid similar problems.

A Public Servant with the Western Provincial Administration (WPA) complained to the Commission that the WPA had not paid his leave entitlements for the period 2002 to 2006, which made it impossible for him and his dependants to travel for holidays to his home province. His point of hire was Vanimo in Sandaun Province. The Commission investigated the matter with the WPA and during the process the Administration verified, processed and paid him his outstanding leave entitlements totalling to K10, 895.00, on the 01 November 2008. The Commission noted that there was lack of proper staff record keeping and thus advised the Provincial Administration to ensure proper records are kept and maintained so that staff leave is administered effectively to avoid future problems relating to same.



Case Summary Teacher’s outstanding salaries not paid

Case Summary Non–payment of outstanding leave entitlements

The Commission received a complaint that Alotau police had failed to investigate a murder case in July 2005 on Ferguson Island in the Milne Bay Province. The complainant alleged that despite funding by the Milne Bay Provincial Administration to assist the police to travel to Ferguson Is-land and investigate the murder, the funds were used on other purposes by police. He then approached the Alotau Station Com-mander, who dispatched two policemen to Ferguson Island to investigate. The suspects were apprehended and subsequently escaped from police custody and were moving around freely. The suspects had not been charged though there was sufficient evidence and witnesses. The complainant was concerned that the suspects could inter-fere with the key witnesses into the murder case and feared that important evidence in the case might be tampered with by them. He complained that it had now been two years, and still police had done nothing and he had gone back and forth 24 times trying to get help from police. The case was identified as a high profile case for police investigation with Ombudsman Commission oversight. In July, 2008 an inves-tigation team comprising Internal Affairs officers and an Ombudsman Commission officer carried out the investigation into the matter in Alotau. They found that the police had in fact investigated the matter and the National Court had deliberated on the case and that two of the suspects have been sentenced to death and were transferred to Bomana and that the other three suspects were in Giligili prison awaiting further National Court hearing. The Commission was only involved to ensure that there had been no unreasonable delay by police in investigating the case. The case highlights the difficulties faced by police in terms of logistic support in dealing with cases in remote locations. The delay by police to investigate the complaint was found to be due to lack of funding.

A complaint was received regarding the improper selection and hearing of positions for the Central Provincial Administration. The issues involved the non-implementation of the previous organizational structure that had been approved by former DPM Secretary. A second organizational structure had been drawn and subsequently approved by DPM on 24 October 2005. The acting Deputy Pro-vincial Administrator was accused of not providing justifiable reasons as to why a second organizational structure was necessary as he was previously the Chairman of the Restructure Committee for the first approved organizational structure. It was alleged that the whole selection process was flawed, compromised, predetermined and politically influenced for all management, middle management and base level positions that there was no oath of secrecy sworn by recruits and that bribery had been committed by senior officers of Central Province HR and a DPM officer. In all instances there was no evidence produced by the complainant to substantiate the claims however, the only evidence provided was the decision by PSC ruling in his favour that he had been over-looked for positions he had applied for. The findings resolved all the allegations except that the decision of the PSC required the Provincial Administrator to readvertise all positions and conduct fresh selections and hearing of all positions again. The Provincial Administrator had since acted accordingly with the PSC decision.



Case Summary Unreasonable delay by Police to investigate a murder case

Case Summary Selection & hearing of positions in the Central Provincial Administration

We received a complaint from a non citizen who is married to a Papua New Guinean. She complained that though she was employed by the Popondetta General Hospital (PGH), the CEO of the Hospital has not completed the process of applying for her non-citizen’s work permit. The process requires Department of Personnel Management to confirm the position which she occupied. The position is a local posi-tion however occupied by a non-citizen. The Complainant had been given incorrect advice about the application for a valid work per-mit. She had been told that she need not apply for a work permit as they might terminate her from work and instead she continued to renew her visa every time it expired. The CEO of PGH did not apply for a work permit despite her constant follow ups and request. In the meantime, we advised her to pursue her application with the Immigration Office. The Hospital Management at that time breached Section 4 of the Employment of Non-Citizen Act 1978 by employing the com-plainant. Subject to Section 5 & 21 of that Act, a person who recruits a non-citizen for an occupation unless an approval to recruit is granted by the Secretary of Department of Labour & Industrial Relations, is guilty of an offence. During the investigation it was found that the current CEO had taken responsibility for the matter and was in the process of rectifying the error of employing a non-citizen without a work permit and hence, he has referred the matter to responsible authorities. Subse-quently the complainant has also applied for naturalization which if granted will override all work permit requirements.

An employee of Milne Bay Provincial Administration (MBPA) was wrongfully dismissed from work on disciplinary grounds. He ap-pealed to the Public Service Commission (PSC) by way of application for a Review of a Personal Matter. The Public Service Commission (PSC) in its review recommended that the employee be reinstated back to Public Service and ad-vised the MBPA to pay him his lost salaries and service entitlements. The employee was reinstated by the MBPA but was never paid his lost salaries and service entitlements. Therefore he lodged his complaint with the Commission to assist him claim his outstanding entitlements. The Commission in its assessment found that MBPA was yet to pay the outstanding entitlements owed to the employee. The Com-mission advised Milne Bay Provincial Administration in writing to settle the payment. On 27 February 2008, MBPA responded in writing advising that they had reached an agreement with the employee to settle the pay-ments. They provided information on the partial payments made to the employee and advised that the outstanding payment would be paid by the end of the year. On the 08 August 2008, the Commission wrote a letter asking the employee to confirm the agreement made between him and the MBPA. He wrote back confirming the agreement and the partial payments made and the assurance given to him by the MBPA to pay the outstanding by the end of the year. On 26 August 2008, the Commission found that the matter had been settled and therefore closed the case.

A complaint emanated from the actions of the Secretary of the Department of Labour & Industrial Relations (DL&IR) to terminate the work permit of a foreigner who was a principal of an IPA registered company. The person at the time was contracted as the Senior Investigator to the Commission of Inquiry into the Department of Finance. He was granted a valid work permit on 1 December 2006 valid until 16 June 2008. However, on 14 April 2008, the DL&IR had can-celled the work permit by reason of Persona Non Grata. On 10 July 2008, the Ombudsman Commission wrote a letter to the Minister for Foreign Affairs, Trade and Immigration seeking ap-propriate investigation into the matter to establish the truth or otherwise of the matter and again report to the Ombudsman Commis-sion. A copy of the letter was forwarded to Director General Immigration and Secretary DL&IR.



Case Summary Recruitment of non citizen by the Popondetta General Hospital

Case Summary Delay in payment of salaries and entitlements

Case Summary Labour and Industrial Relations terminates expatriate's work permit

There was no response accorded to the Commission however, the Minister did reply to the Chairman of the Commission of Inquiry, which basically stated that the reason of Persona Non Grata had been illegally used by the DL&IR and that he did not pose a threat to this country and therefore his visa remains valid pending an independent investigation conducted into the allegations leveled against him by various parties. On 25 July 2008, the Commission wrote to the complainant and informed him on the status of his case and basically stated that the Department of Foreign Affairs and Trade was investigating the matter and had not reported its findings to the Ombudsman Commission as yet. On the 02 October 2008, the Commission wrote to the Director Immigration and Citizenship Division requesting him to provide informa-tion on the investigation of the matter at hand. To date there has been no official reply from the Department of Foreign Affairs & Trade to the Ombudsman Commission on the case despite them promising to deliver a response. On the 28 October 2008, the DL&IR reinstated the complainant’s Work Permit, however on condition that he show cause why his work permit should not be cancelled. He replied to the letter on the 11 November 2008, stating that the DL&IR had failed to mention what he was to show cause for or reply to them. On the basis of the reinstatement of his work permit the case was closed.

The Ombudsman Commission received a complaint that the Secretary for Transport and his Deputy Secretary were paid overseas travelling allowances of K15, 868.00 and K13, 915.34 respectively which they failed to reimburse after cancellation of the trip that they were going to take. The Travelling Allowances were recouped by deducting K200.00 per fortnight which commenced on Pay 10 of 2007, PPE 06/06/2007. These additional documents were provided on 28 April 2008 during a meeting with officers of the Ombudsman Commission and were perused for verification and confirmation of actions taken by the Acting Secretary. However, as a result of this further inquiry into the K200.00 deduction, the Commission also established that the Department had not yet instituted recovery actions to recoup monies advanced to the Deputy Secretary to pay airfares for his two extra spouses and a child. The PVA depicted a deduction of K100.00 was only effected for Pay 10, commencing 24 April 2008, and not as earlier advised.

☯ ☯ ☯



Case Summary Department of Transport Officers fail to reimburse travelling allowance funds


Major Activities - Enforcing the Leadership Code

The Leadership Code is amongst the Constitutional Planning Committee’s most fundamental recommendations, and as such, it was entrenched 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 authority by the Constitution and the Organic Law on the Duties and Responsibilities of Leadership (OLDRL) to supervise and enforce the Leadership Code. The Leadership Code ap-plies 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 Constitution contains general statements of principle while the Organic Law imposes more specific duties and responsibili-ties. Section 27 of the Constitution is headed “responsibilities of office “. It states that Leaders must ensure that they do not place themselves in a position in which they could have a conflict of interest. It speaks of leaders demeaning their office or posi-tion and not allowing their public or official integrity to be called into question. It implores Leaders not to endanger or diminish respect for and confidence in the integrity of government in Papua New Guinea. In many instances, if Leaders are in breach of these fundamental principles of good governance they can also be described as acting corruptly. The Leadership Code is therefore morally and legally binding on the Leaders and firmly enforced. Leadership Division 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 2008 The Leadership Division conducts investigations into breaches of the provisions of the OLDRL and if prima facie evidence is es-tablished, the Leader is referred to the Public Prosecutor for prosecution before the Leadership Tribunal. The table below (Figure 7) shows thirty two (32) allegations were received by the Commission against various Leaders in 2008. These allegations are currently being investigated by the Commission.

The number of complaints investigated by the Leadership Division in 2008 compared to the number of complaints received in 2007 increased by 53%. The common category of complaints the Division receives is usually three: Abuse of power, Misappro-priation of funds and Moral complaints. The prominent categories of complaints in 2008 were: abuse of power and misappropria-tion of funds committed by National Parliamentarians and Members of Provincial Governments. During 2008 no complaints of various allegations against the Overseas Missions and against Ministerial Staff were received. Moral complaints were received against Members of Parliament, Departmental Heads and Constitutional Office holders.

Offence No. MPs Dept Heads

Const. Office Holders

Statutory Authority

Member of Provincial Gov-ernments

Abuse of Power 14 6 4 3 1 -

Misappropriation of public funds

11

8

2

-

-

1

Moral complaints

7 5 2 - - -

TOTAL 32 19 8 3 1 1

II. Enforcing the Leadership Code

Figure 7: Complaints received against Leaders in 2008


Major Activities - Enforcing the Leadership Code

ANNUAL STATEMENTS Section 4 of the Organic Law on the Duties and Responsibilities of Leadership states that a Leader must submit their Annual State-ment within three months after becoming a person to whom the Leadership Code applies. The table below (Figure 8) shows the number of Annual Statements sent and received from various categories of Leaders in 2008. Figure 8: Number of Annual Statements sent to leaders in 2008

No Right To Be Heard (RTBH) notices were served on any leader in 2008 for defaulting in submitting Annual Statements. This is 100 % improvement from 2007 report.

☯ ☯ ☯

Activity MP Dept Head

Const. Office Holders

OS Mission

Statutory Authority

PA Members of Prov. Assembly

Other Statutory Bodies CEO Board

A/Statement Sent

109 22 37 16 23 15 19 - 37

A/Statement Re-ceived in 3 months

103 18 28 12 15 10 15 - 30

A/Statement Received after 3 months

6 4 9 4 8 5 4 - 7


Major Activities - Office of Counsel

The Commission has a special supervisory role along with a number of other constitutional institutions such as the Auditor-General and Public Services Commission which is to oversee the performance of all governmental functions. The Ombudsman Commission's power to refer constitutional questions to the Supreme Court is another important supervisory function. If the Parliament passes an Act which does not comply with Constitutional procedures or is otherwise in breach of the Constitution, the Ombudsman Commission can challenge the constitutionality of the Act. Office of Counsel (OoC) In order for the Ombudsman Commission to properly discharge its roles, the Organic Law on the Ombudsman Commission (Section 25(1)(a)(i)) provides for the appointment of Counsel to the Commission. Counsel is the Principal Legal Advisor who exists to provide the Commission with the best possible legal advice and guidance in accordance with the Constitution and all other laws in particular the National Goals & Directive Principles, and the Basic Rights & Social Obligation for the proper administration of the Commission. The Counsel to the Commission also ensures the enforcement of these laws so as to diligently carry out the decisions of the Commis-sion and to maintain an independent examiner of investigations and evidential materials from the Operational Divisions. Counsel also assists the Commission perform its many different roles and functions which include the power to refer constitutional questions to the Supreme Court if the Parliament passes an Act which does not comply with constitutional procedures or is otherwise in breach of the Constitution. The Counsel to the Commission is assisted with staff strength of 8 officers of whom 5 are lawyers; a driver and 2 Support staff. At the end of the reporting period, there were two vacancies in the position of Director Legal Services and Research Officer.

1. Enforcing the Leadership Code The Leadership Division and the Office of Counsel assist the Commission in supervising the enforcement of the Leadership Code by:- (a) Ensuring that the leaders comply with their Leadership obligations under the Constitution and the Organic Law on the Duties

and Responsibilities of Leadership (OLDRL); and (b) Investigating complaints on allegations of misconduct in office. Enforcement provided by Office of Counsel are in the areas of’: (a) Right to be heard notices - There was only 1 right to be heard notice issued in 2008; and (b) Referrals to Public Prosecutor - Under Section 29(1) of the Constitution, the Ombudsman Commission is obliged to refer mat-

ters to the Public Prosecutor for prosecution before a leadership tribunal if satisfied that there is a prima facie case that a leader has been guilty of misconduct in office.

III. Office of Counsel

MAIN ACTIVITIES AND ACHIEVEMENT BY OFFICE OF COUNSEL IN 2008



In 2008 in the exercise of that obligation the Commission made one referral which allegations arose from the requirement under Sec-tion 4 of the Organic Law on the Duties and Responsibilities of Leadership (OLDRL) under which a leader is required to furnish to the Ombudsman Commission Annual Statements every twelve months during his tenure as a leader. At the end of the reporting period, the matter was still pending as the Leader had taken the matter to Court in an attempt to restrain the Commission from continuing with its investigations. 2. External advisory matters In its advisory jurisdiction, Ombudsman Commission through OoC finalized a total of 230 external advices for the Commission in 2008 which were completed and served to various parties including Leaders. 3. Directions under Section 27(4) of the Constitution In 2008 the Ombudsman Commission, issued two directions under Section 27(4) of the Constitution the purpose of which is to attain the objects of the Leadership Code. (Details of the Directions under Section 27(4) of the Constitution are under a separate sub-chapter on page 25 ) 4. Litigation Section 217 of the Constitution states that the proceedings of the Commission are not subject to review in any way, except by the Supreme Court or the National Court on the ground that it has exceeded its jurisdiction. It is common for one or more proceedings to be commenced each year. In 2008 12 cases were registered. The status of those cases is captured in the Table (Figure 9) at the end of the Chapter. 5. Constitutional References The Ombudsman Commission is one of a limited number of public bodies authorized by the Constitution to make special references to the Supreme Court to seek the Court's binding opinion on questions relating to the interpretation or application of the Constitutional Laws. In this respect, the Ombudsman Commission has been authorized to maintain a watching brief over the nation's constitutional development. By dint of this "hotline" to the Supreme Court, the Commission has become, to some extent, a guardian of the Constitution. Since Inde-pendence, it has been a fairly regular referrer of Constitutional questions to the Supreme Court. In 2008 Commission was a party to three Constitutional References which status is captured in the Table of Court Cases (Figure 9) at the end of the Chapter. 6. Compliance The Counsel to the Commission also ensures other offices with the Commission are assisted by diligently carrying out the decisions of the Commission and to maintain an independent examiner of investigations and evidential materials from the Operational Divisions and Support Services Branch as well as the Executive Services. In 2008 Ombudsman Commission’s Operational Divisions, Executive Services and Support Services Branch were assisted with 507 advices.



7 Special Projects Counsel to the Commission and his lawyers are often engaged in projects which are outside of the Office’s performance indicators such as special investigations which require the assistance of a lawyer or act as an assistance to other government bodies to provide assistance in projects funded by donor agencies. In 2008 OoC was involved in 1 project. The table below (Figure 9) shows the number of court references the Commission was involved in during the reporting period. Figure 9: Court Matters in 2008

TABLE 1

No Name Court Reference Status at 31 December 2008

1 Sir Michael Somare –v- Ombudsman Commission

National Court OS No 246 of 2008 Pending

2 Roderick Kamburi –v- Ombudsman Commission


3 Ombudsman Commission –v- Roderick Kamburi

Supreme Court SCM No 9 of 2008

Leave Application heard pending decision.


Supreme Court SCA No 50 of 2008 Matter withdrawn


Supreme Court SCA No 51 of 2008 Matter withdrawn


Supreme Court SCA No 69 of 2008 Pending

7 Jeffery Nape –v- Ombudsman Com-mission


8 Francis Kaupa –v- Ombudsman Com-mission

National Court WS No 895 of 2008 Pending

9

Supreme Court Reference No 6 of 2008 Reference pursuant to Constitution, Section 18(1); Reference by the Grand Chief Sir Michael Somare

Supreme Court SCR No 6 of 2008 Pending

10

Supreme Court Reference Constitution, Section 19(3)(a); Refer-ence by Jeffrey Nape MP as the Speaker and the Head of Parliament


11

Supreme Court Reference Constitution, Section 18(1); Reference by the Grand Chief Sir Michael Somare PM


12

Nemo Yalo and John Toguata -v- Allan Barilae, Acting Secretary to the Commission, Ombudsman John Nero, Ombudsman Commission and the Independent State of Papua New Guinea


SECTION 27(4) DIRECTIONS ISSUED IN 2008 In the recent times it became increasingly necessary for the Ombudsman Commission to use directions to prevent possible breaches of the Leadership Code. In 2008 the Ombudsman Commission, issued two directions under Section 27(4) of the Consti-tution the purpose of which is to attain the objects of the Leadership Code. Power to issue directions The Ombudsman Commission is empowered under Section 27(4) of the Constitution to give directions either generally or in a par-ticular case, to ensure the attainment of the objects of the Leadership Code in the following circumstances: 1. Where the Ombudsman Commission conducts investigations under the Leadership Code and the Organic Law on the Du-

ties and Responsibilities of Leadership relating to misconduct in office by persons to whom that Law applies. 2. The person being investigated is a person to whom Division III.2 (Leadership Code) of the Constitution applies. 3. The person being investigated is subject to Section 26 of the Constitution. 4. A matter being investigated relates to a leader’s conduct to whom the National Goals and Directive Principles, the Basic

Rights and the Basic Social Obligations of the Constitution, and in particular the duty to act in the spirit of the Constitution, apply.

5. The Ombudsman Commission determines that it is necessary to issue the Direction for the purpose of ensuring the attain-

ment of the objects of Section 27 of the Constitution, in particular, protecting the integrity of leaders. Failure to comply with a direction issued under Section 27(4) of the Constitution may incur the following consequences:

a. In respect of a leader, misconduct in office under Section 27(5)(b) of the Constitution and liability to prosecution be-fore 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, including dismissal from office; and

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

may apply. DIRECTIONS ISSUED IN 2008 1 Direction to freeze a BSP private account holding public funds In March 2008 the Ombudsman Commission received information that a private Bank Account was used to administer, disburse and payment made of public funds totalling K300,000.00 belonging to an electorate and those transactions may not be in compli-ance with the Public Finances (Management) Act and the relevant Financial Guidelines. An investigation was conducted under the Leadership Code and the Organic Law on the Duties and Responsibilities of Leadership relat-ing to suspected misconduct in office by persons to whom that Law applies in relation to the circumstances surrounding the propriety of those transactions. The Commission determined that it was necessary to issue a Direction under Section 27(4) of the Constitution in this particular case, for the purpose of ensuring the attainment of the objects of Section 27 of the Constitution and in particular protecting the integrity of leaders who are involved in the matter under investigation. At the end of 2008 this Direction was still in force.


Major Activities - Directions under Section 27 (4) of the Constitution

IV. Directions Under Section 27(4) of the Constitution

2 Direction stopping payment or transactions by any person, organizations or authorities of any money from a BSP account holding public funds In December 2008 the Ombudsman Commission conducted investigations under the Leadership Code and the Organic Law on the Duties and Responsibilities of Leadership relating to suspected misconduct in office by persons to whom that Law applies in relation to the circumstances surrounding the propriety of establishment of K1.2 million of public funds belonging to a Province but kept in an ac-count held at Bank South Pacific Limited, in one of the Provinces. The Commission determined that it was necessary to issue a Direction under Section 27(4) of the Constitution in this particular case, for the purpose of ensuring the attainment of the objects of Section 27 of the Constitution and in particular protecting the integrity of leaders who are involved in the matter under investigation. At the end of 2008 this Direction was still in force.

Section 27(4) of the Constitution states

The Ombudsman Commission or other authority prescribed for the purpose under Section 28 (further provisions) may, subject to this Division and to any Organic Law made for the purposes of this Division, give directions, either generally or in a particular case, to ensure the attainment of the objects of this section.

☯ ☯ ☯


Major Activities - Directions under Section 27 (4) of the Constitution

The Regions and External Relations Division which manages all of the Commission’s awareness and education programs continued to perform in its second year of existence. Under the Division, there are three Regional Offices in Mt Hagen, Lae and Kokopo, the Intake and Screening Unit (ISU) and the Gov-ernment Body Liaison Program and External Relations Program Unit (GBLP/ERP) based in the Commission’s headquarters in Port Moresby. During this reporting period, a new design of work processes in ISU was established. Allied to this new work processes was the trial-ing of a new case management system. In addition, a new Unit called Government Bodies Liaison Program, was established within the structure of the Division. The purpose of the GBLP is to strengthen links with Governmental Bodies (GBs) by seeking to achieve improved ability for Governmental Bodies (GBs) to meet the needs of complainants in a more timely and effective manner. It will help the Commission in its approach to be more proactive in assisting GBs (agencies) improve their own internal complaints handling mechanisms. Intake and Screening Unit (ISU) ISU is the entry point for all complaints into the Ombudsman Commission. Besides being the entry point for all complaints, the Unit undertakes provincial visits to enable the public to access the complaints service. In 2008, ISU was involved in visits to Daru and Balimo, Kiunga in the Western Province, and the Oro Provinces. A separate visit was made to the Manus Province. ISU also participated in other activities such as awareness programs and conducted visits to prisons throughout the country. Regional Offices The Commission in 2008 continued to deliver its services from the three regional offices. Complaints service to the public were made available from the three regional offices, whilst the educational awareness and promotion of the roles and functions of the Commis-sion was coordinated through the GBLP/ERP Unit. Regional Offices fostered engagement with GBs in the regions to improve the effectiveness of complaints resolution. This process of dialogue and approach with the GBs was widely used when a complaint lodged against a Provincial Administration or a national agency required further attention by the Commission. The Commission also recognized promotion of improved relationships with GBs hence, the Regional Offices continued their initiatives to ensure a broader role of advising GBs on improving their administrative system and processes. Visit to provinces Visits to provinces are considered an integral part of Regional Office annual calendar of activities. This year the visits were not con-fined to provincial centers but extended to districts and sub-districts levels. Such visits afforded citizens living in remote communities to access the Commission’s complaints service and to learn about the kind of work Commission performed. It was another busy year for provincial visits. Awareness teams visited parts of the Highlands region including, Mendi, Wabag, Kain-antu, Goroka, Kundiawa and Kerowagi. Visits were also made to Kavieng, Lihir and Manus in the Islands region whilst similar pro-grams were carried out in the Momase region covering Angoram Station, Wewak, Madang, Bulolo, Wau, Markham Valley, Salamaua Station, Vanimo Town (and villages), Wutung village, and Aitape station. Awareness programs for educational institutions were treated with priority. With every provincial encounter, a visit to an educational institution was scheduled. This showed the commitment by the Commission on the importance of educating children on the roles and functions of the Ombudsman Commission.


Major Activities - Regions & External Relations Program

V. Regions and External Relations Program

The Regional Offices also carried out visits to prisons in the respective regions. Through prison visits the Commission learnt of the concerns of prisoners and that of employees of Papua New Guinea Correctional Service (PNGCS). Regional Offices provided other forms of crucial support to Units within the Commission including on programs or investigations. Education and Outreach This year the Unit provided information and guidance on roles and functions of the Ombudsman Commission through public educa-tion activities and through its outreach activities. Our educational programs were run concurrently with GBLP visits made to Simbu, Manus, Oro, Milne Bay and Eastern Highlands. Regional Offices were also involved in educational programs as well as GBLP activi-ties during their provincial trips. Regional officers routinely met with GBs in the national and provincial and local level government levels to discuss issues that fall within our jurisdiction or on specific complaints. Links with provincial radio stations continued to promote the “face of the Commission” in the provinces. This occurred during regional visits to provinces or through public education programs coordinated from Port Moresby. Local press and electronic media frequently interview staff on the roles and functions of the Ombudsman Commission. Complaints Statistical Overview In 2008, a total of 2,713 complaints were received, registered, assessed and processed by the Commission. Out of the total 2,713, Headquarters or ISU received 1,208, Mt Hagen 472, Lae 666 and Kokopo 367. The Table below (Figure 10) shows the number of complaints received and dealt with by each Regional Office and Intake and Screening Unit (otherwise referred to as “HQ” in the table). Figures 10: Complaints received and processed

Governmental Bodies Liaison Program One of the major activities of the Regions and External Relations Division is to assist Governmental Bodies (GBs) in better handling complaints internally. This assistance was provided through the engagement with GBs in setting up of Internal Complaints Handling Mechanisms (ICHMs). Although the Government Bodies Liaison Program (GBLP) is a new Unit it was able to build on existing links with GBs through using established network of GBs Liaison Officers. The Unit embarked on a new initiative of promoting Internal Complaints Handling Mechanisms (ICHMs) forging involvement with Papua New Guinea Defense Force on its Redress of Grievance (ROG) process. Fur-thermore, ideas for a survey into Port Moresby General Hospital (PMGH) were conceived during the year.



12

Planned GBLP visits were made to Simbu, Oro, Manus, Milne Bay and Eastern Highlands Province whilst in Port Moresby liaison continued with the Port Moresby General Hospital, Departments of Health and Education, National Capital District Commission and the Papua New Guinea Correctional Service. Work on GBLP Practice Guidelines commenced this year. The Guidelines once completed will be an invaluable tool for Liaison Offi-cers in terms of the Commission conducting its liaison with GBs. The GBLP Unit also took the lead in commencing work on revising brochures on the “Roles and Functions of the Ombudsman Commission” and “How to Lodge a Complaint “so that the public better understands what the Commission stands for.

☯ ☯ ☯



Audited Financial Report


6. Audited Financial Report for 2008



2008 Annual Report


Page 32

2008 Annual Report

Audited Financial Report Audited Financial Report

Page 33

2008 Annual Report


Page 34

2008 Annual Report


Page 35

2008 Annual Report


Page 36

2008 Annual Report


Page 37

2008 Annual Report


Page 38

2008 Annual Report


Page 39

2008 Annual Report


Page 40

2008 Annual Report


Page 41

2008 Annual Report


Page 42

Appendix 1 - Ombudsman Commission Structure Appendix 2 - List of Leaders referred to the Public Prosecutor as at 31 December 2008 Appendix 3 - List of Reports produced under OLOC as at December 2008 Appendix 4 - List of Governmental Bodies under the Ombudsman Commission Governmental Bodies Liaison Program Appendix 5 - Former members of the Commission

Appendices


6. APPENDICES

Page 44

APPENDIX 1 OMBUDSMAN COMMISSION OF PAPUA NEW GUINEA ORGANISATIONAL STRUCTURE 2008

MEMBERS OF THE COMMISSION

3 MOC

Office of Counsel

9 Officers

Complaints & Administrative Investigation

Division (CAID) 29 Officers

Office of Secretary

36 Officers

Regions & External Relations Division

41 Officers

Leadership Division

28 Officers

The organizational structure below illustrates the chain of command and the number of offices in the service of the Commission.

Appendix 1

2008 Annual Report

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

Commission 1978 Guilty – reprimanded

3 AKO TOUA Commissioner, Electricity Commission 1978 Guilty – suspended

4 LEO MORGAN Acting Secretary, Department of Works and Supply

1978 Guilty – dismissed

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 Supply

1983 Guilty

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 Fund

1985 Guilty – fined

12 JULIUS CHAN MP; Deputy Prime Minister; Minister for Finance

1988 Not guilty

13 JOHN KAPUTIN MP 1988 Guilty – fined

14 OBUM MAKARAI Chairman, Papua New Guinea Banking Corporation

1988 Guilty – fined

15 KEDEA URU Chairman, National Broadcasting Com-mission

1988 Not guilty

16 GERALD SIGULOGO MP 1989 Guilty – dismissed – judicial review by leader unsuccessful

17 SUSUVE LAUMAEA Chief of Staff, Office of the Prime Min-ister

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 Forests

1991 Guilty – recommended for dismissal – resigned before dis-missal 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 dis-missal effected

28 ANDREW POSAI MP; Minister for Forests 1995 Guilty – dismissed – judicial review unsuccessful

29 JOHN NILKARE MP; Minister for Village Services and Provincial Affairs

1995 Guilty – dismissed – later reviewed by Supreme Court – penalty altered to fine

30 PAUL PORA MP; Minister for Civil Aviation 1995 Guilty – fined – judicial review by Public Prosecutor unsuc-cessful

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

32 GABRIEL DUSAVA Secretary, Department of Foreign Af-fairs

1996 Guilty – dismissed – judicial review unsuccessful

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

APPENDIX 2 LEADERS REFERRED FOR PROSECUTION BY THEOMBUDSMAN COMMISSION UNDER THE LEADERSHIP CODE AS AT 31 DECEMBER 2008

Appendix 2



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; Attorney-General

2000 Appointment revoked prior to appointment of tribunal

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 Prov-ince

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 Technology

2001 Not guilty

48 BEVAN TAMBI MP 2001 Resigned after appointment of tribunal

49 PETI LAFANAMA MP; Governor, Eastern Highlands Prov-ince

2001 Guilty – dismissed – later reviewed by National Court – deci-sion 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 Prov-ince

2001 Guilty – dismissed – judicial reviews unsuccessful.

52 VINCENT AUALI MP; Minister for Corporatization and Privatisation

2001 Resigned after appointment of tribunal

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 appli-cation with costs to the respondent, the State, who is the nomi-nal 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 Implementation and Rural Development

2002 Not guilty

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 2

Page 46

LEADERS REFERRED FOR PROSECUTION BY THE OMBUDSMAN COMMISSION UNDER THE LEADERSHIP CODE

AS AT 31 DECEMBER 2008

2008 Annual Report


64 CES IEWAGO Managing Director, Public Officers Su-perannuation Fund

2003 Appointment revoked prior to request for tribunal

65 MICHAEL NALI MP, member for Mendi Open, member Southern Highlands Provincial Assembly

2003 Guilty – dismissed. Judicial Review application granted, tribu-nal decision quashed and matter referred for rehearing. Pending

66 DANIEL KAKARAYA Managing Director, Mineral Resources Development Corporation Ltd

2003 Pending – Decision Judicial review in National Court pending

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 Court

2004 Pending

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-ning

2005 Guilty of 4 out of 6 allegations. Fine of K1000 each.

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 Finchaffen 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 for Mining

2006 Presently before a Leadership Tribunal.

83 JOHN MUINGNEPE MP, member for Bulolo Open 2006 Pending

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

2006 Pending

85 HAMI YAWARI MP, Governor of Southern Highlands Province

2006 Pending

86 CHARLES PUNAHA Chief Executive Officer, Papua New Guinea Radio communications and Tele-communications Technical Authority (“PANGTEL”)

2006 Pending

Appendix 2





87 JERRY TETAGA Chairman, Public Services Commission 2006 Pending

88 ROBINSON SIRAMBAT Provincial Administrator, New Ireland Province

2007 Pending. Term expired and not considered for appointment

89 TOM TOMIAPE MP, member for Tari Open 2007 Lost office in election

Appendix 2




APPENDIX 3 Major Reports produced by Commission under Section 22 of the Organic Law on the Ombudsman Commission as at December 2008

Appendix 3

Date Published Name of Report

February 1980 Report on the formal enquiry into the dispute between the Harbours Board and the wharf workers 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 Commission.

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 Insti-tute – 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 Electricity Commis-sion.

October 1996 Investigation into Awarding of Contracts for Upgrading of the Port Moresby Water Supply Project.

June 1997 Investigation into Alleged Improper Transfer of Title Relating to State Lease Volume 30 Folio 7280 Sec-tion 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

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 High-way 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 Re-source Permit – Final Report

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

Appendix 3

APPENDIX 3 Major Reports produced by the Commission under Section 22 of the Organic Law on the Ombudsman Commission.


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 Jail 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 Highlands 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 Autonomous Region of Bougainville Government 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 4 LIST OF GOVERNMENTAL BODIES WHO ARE CURRENTLY UNDER THE OMBUDSMAN COMMISSION’S GOVERNMENTAL BODIES LIAISON PROGRAM.

Appendix 4


No ORGANISATION DATE JOINED

44 Department of Health October 2008

APPENDIX 4 LIST OF GOVERNMENTAL BODIES WHO ARE CURRENTLY UNDER THE OMBUDSMAN COMMISSION’S GOVERNMENTAL BODIES LIAISON PROGRAM.

Appendix 3


APPENDIX 5 Former members of the Commission

Frank Hedges Ombudsman

8.12.75 – 4.1.78

Andrew Opu Maino OBE Ombudsman

17.12.75 – 28.2.82

Keith E. Anderson Ombudsman

19.11.80 – 10.12.84

Jean L Kekedo OBE Ombudsman

1.3.82 – 8.10.86

Ango Wangatau Ombudsman

23.6.86 – 31.12.92

Jim Ridges Ombudsman

10.10.86 – 20.12.92

Ninchib Tetang Ombudsman 5.1.93 – 4.1.99

Simon Pentanu Chief Ombudsman 01.01.95 – 31.12.00

Raho Hitolo, MBE Ombudsman

06.01.99 – 05.01.05

Joe N. Waugla Ombudsman

20.12.92—19.12.98

Sir Charles Maino Chief Ombudsman

5.1.85—31.12.94

Sir Ignatius Kilage CBE Chief Ombudsman

4.12.75—4.1.85

Sunny Cherian Ombudsman

6.10.78—25.1.79

Peter Masi Ombudsman

23.05.01—03.05.07

Appendix 5


Ila Geno Chief Ombudsman 01.01.01— 01.07.08

Ombudsman 21.12.98

HEADQUARTERS

REGIONAL OFFICES

Ground Floor Deloitte Tower Douglas Street, Port Moresby PO Box 1831 PORT MORESBY 121 National Capital District

Telephone: (675) 308 2600 Facsimile: (675) 320 3263 Email: [email protected]

Mamose Region Vele Rumana Building 4th Street PO Box 2259 LAE 411 Morobe Province

Telephone: (675) 472 1695 Facsimile: (675) 472 2755

Highlands Region AGC Building Hagen Drive PO Box 745 MT HAGEN 281 Western Highlands Province


New Guinea Islands Region PO Box 359 KOKOPO 613 East New Britain Province


CONTACT DETAILS

Ombudsman Commission of

Papua New Guinea

Contact Details


Date post:	10-Feb-2022
Category:	Documents
Upload:	others
View:	4 times
Download:	0 times

Independent State of Papua New Guinea

Documents