Court dismisses Govt’s appeal
THE Singapore Court of Appeal has ruled in favour of the PNG Sustainable Development Programme Ltd (PNGSDP) by dismissing the State of Papua New Guinea’s appeal against the High Court judgment which was handed down in April 2019, when it ruled that the PNG Government had “failed entirely” in its claim over PNGSDP.
PNGSDP announced this yesterday, confirming that it (PNGSDP), a company, limited by guarantee, was independent and not subject to oversight or control by the PNG Government.
PNGSDP in a press release stated that the legal battle, which had been running for more than six years, had been an expensive exercise where the money, spent by the State and PNGSDP for its defence, could have been much better spent on development programmes.
The State has been ordered to pay costs to PNGSDP.
PNGSDP is governed by its memorandum and articles of association and programme rules which are implemented by the directors and members. As a company incorporated in Singapore, PNGSDP remains governed by Singaporean law.
The directors will continue to protect the long-term fund by vigorously defending the company against any future claims.
PNGSDP remains focused on delivering health, education, livelihoods and enabling infrastructure, currently in the Western province.
“Although we are independent, we continue to consult widely and work in partnership with the Western provincial government,” the company said.
PNGSDP said details of its current programmes could be seen on its website.
6 comments
These trustees should be audited by private firms and their reports should come out so that every individuals in the target province should know what is happening to their fund. some or many beneficiaries have died without any benefit.
The Million Dollar Question is how did our mandated government body in the Investment Promotions Authority (IPA) allow a foreign registered company/business/association to do business in PNG when its registered overseas. I thought any business/company who wants to do business in PNG must register through IPA first. Maybe i may not be aware of other arrangement for exemptions like this, i don’t know.
Or publicly reveal how the PNGSDP body is made up, what purpose it is for and who are the major shareholders. Too much secrecy in PNGSDP raises more suspicions of “white collar” crimes and a front for feeding the minority rich folks while the boastful talks of improving the lives of the people in Western Province is a mirage of words that is yet to be seen than believed.
PNGSDP is a private trust company holding shares in trust for the people of western province, but incorporated in Singapore and Registered in PNG to keep the company out of reach of the dirty figures of PNG politicians. Decision of Singapore Court is is basically the outcome the company was structured to achieve; that is to use the money to develop Western Province and PNG, whilst keeping the pot-bellied politicians and their dirty fingures out. The funds managed by PNGSDP cannot be measured in terms of direct cash distributions to individuals and ILGs, benefit in the form of sustainable development projects. However, the governance of the company is matter to be desired and those wishing to look into their books should obtain published financial statements and audit reports from their websites.
Sagero primary school in Manawete South Fly is waiting for low tide so the teacher can take his students to the beach so he could write in the sand for his students to take notes……They desperately need a blackboard and classroom. When will PNGSDP come to rescue them with a classroom with blackboard? They are knowledgeable that PNGSDP manages their funds. The cry is so loud and far wide in SF, MF and NF for education and health services.
This is a case in point, what is PNGSDF boosting about ? It is a shame that such remote parts of the Western Province is yet to benefit from this white elephant. What a shame PNGSDF, you have created so much publicity and media hype, go to Western Province and travel the length and Breath of the Province and see if PNGSDF has had any tangible effect .
PNGSDP does have tangible development in Western and some other parts of PNG too. For those that need PNGSDPs assistance deserve their share. O’Neil knew very well he was fighting a loosing battle. Why waste tax payer’s money on hefty lawsuits that will cost the national?
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