Call to test legality of new law

The National National
Unicef representative David Mcloughlin (left), Health Minister Jelta Wong and UNDP resident representative Dirk Wagener with the six ventilators on arrival at the Jackson International Airport recently. Wagener said an effective health systems was critical. – Picture supplied
Eastern Highlands health authority (PHA) is closely monitoring passengers entering and leaving Goroka checking temperatures and collecting details at the airport for contact tracing as part of its Covid-19 health measures. Pictured is surveillance officer Sr Anita Fabian (left) checking the temperature of passenger Miriam Gagma (right) who was travelling to Port Moresby earlier this month. Seated is surveillance officer Sr Yular Boina. – Nationalpic by ZACHERY PER

THE Catholic Professionals Society (CPS PNG) has called on the Ombudsman Commission to initiate a constitutional reference in the Supreme Court to determine the constitutionality of the National Pandemic Act.
President Paul Harricknen issued a statement yesterday in protest saying that the Act had the appearance of creating martial law and a police state.
“There was no prior wider consultation, openness and debate in Parliament,” he said.
“The law was rushed in total secrecy without justification.”
Harricknen said the law had serious constitutional issues, lacked transparency and accountability in its formation and was done for political expediency.
He said such a law required greater consultation with all stakeholders prior to presentation in Parliament.
Harricknen also alleged that the Bill that was introduced in Parliament was different to the initial draft that was circulated to Members of Parliament prior to the Parliament sitting on June 12.
Harricknen said the society’s (CPS PNG) fundamental concerns with the law was that:

  • THE Bill took away the powers and functions of the legislative arm to the executive arm of Government;
  • THE Bill created and conferred more powers to the controller seemingly without much oversight from the Executive (NEC) or the minister responsible; and,
  • THE “emergency” was not adequately defined under the Bill.

Any definition must be consistent with the meaning set out under Sections 226-243 of the Constitution;

  • FINANCIAL accountability of public funds was seemingly without transparency and accountability.

The normal safeguards to accountability under the Public Finances (Management) Act 1995, and the National Procurement Act 2018 are also suspended;

  • THE following constitutional rights and freedom of the people will be suspended and deprived – liberty of the person (S.42), freedom from arbitrary search and entry (S.44), freedom of expression (S.46), freedom from assembly and association (S.47), right to privacy (S.49), right to freedom of information (S.51), right to freedom of movement (S.52), and protection from unjust deprivation of property (S.53) for the cause of public interest in public safety, public order and public affair;
  • THE Bill did not include provisions for “Extra-Territorial Application” of the emergency law to PNG Citizens and subjects including PNG flagged vessels overseas; nor did it include its application to foreign flagged vessels in PNG territory;
  • THE penalty provisions were too onerous considering the freedoms and rights being deprived on the one hand and the K50,000 or imprisonment for a term not exceeding five years (individual) and K500,000 (corporate) fines for breaches of the emergency law on the other under S.44; and,
  • THE transitional and savings provisions under sections 53 and 54 of the Bill had a retrospective effect to all past actions, decisions, procurements, monies received and used under the past emergency laws and regulations.
Stanley Hotel and Suites staff Aewai Sapulai (left), executive housekeeper Tony Saukuru and Jerome Manui with sheets and towels the hotel donated to the Sapotim Wantok Foundation in Port Moresby recently. The donation came under the Skal International Port Moresby food drive. – Nationalpic by JOEL HAMARI

“It is a draconian law to democratic rights and freedoms of people,” Harricknen said.
“This type of law cannot be allowed in a Constitutional democracy where the freedom and rights of the people are given special protection under the Constitution.
“It is a law that takes away the oversight powers of the auditor general and the Parliament through its public accounts committee. It will serve a bad precedent for future Governments.”

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