Amended laws need consistency

ANY law that requires amending or enacting should be done in light of other existing laws for consistency, Constitutional and Law Reform Commission (CLRC) acting secretary Dorothy Mimiko-Kesenga says.
Kesenga made the statement in response to calls for the re-introduction of the Vagrancy Act.
She told The National that Papua New Guinea had a Vagrancy Act of 1977.
But the Act was declared unconstitutional in 1986 for breach of certain guaranteed constitutional rights.
Prime Minister James Marape recently stated that the Government would improve on the proposed Vagrancy Act.
According to Kesenga, the Vagrancy Act (1977) was passed by an absolute majority in Parliament on March 1, 1977, and came into operation in November of the same year.
“It was in operation until 1986 when the Supreme Court declared it unconstitutional for breach of certain guaranteed constitutional rights, including the right to freedom of movement and rights to liberty,” she said.
“Though Parliament has not repealed the Act to date, it remains invalid and of no effect as a result of the Supreme Court decision declaring it unconstitutional.
“Apart from the constitutional rights issues discussed by the court, the Act itself also failed to clearly define what a ‘vagrant’ or ‘vagrancy’ was.
“This posed additional challenge for enforcement purposes.”
Kesenga said discussions were held on the possibility of re-introducing the Vagrancy Act during consultations by CLRC.
She said this was to regulate unnecessary influx into certain parts of PNG as well as to enable city and urban planners and developers to manage the growth of towns.
“As far as our city planning review is concerned, we are still analysing all information gathered including pressing concerns that exist around development of illegal settlements in urban centres or ‘unlawful occupation of State land and customary land’ and ‘loitering in public places’ that is causing an increase in the current situation of lawlessness in the urban centres,” she said.
“These are vagrancy-related concerns fuelled by vagrancy.
“However, if ever the Vagrancy Act is re-introduced, it should be done so with adjustment in light of the constitutional arguments around it as well as cater definitional issues.”
Kesenga said a vagrant was a person who did not have a regular place of abode or regular work and moved from place to place.
She said many migrated into towns and cities for a better life (social services and economic prosperity) as that was absent in their districts and villages.
“In this context, attention must be given when making this a punishable offence, hence adjustment is necessary,” she said.
“Existing laws such as the Summary Offences Act and the Land Act exist to make loitering and unlawful possession of land illegal but enforcement seems to be lacking.”