Govt told to pay K10mil

The National Main Stories

By KARO JESSE
A COURT has ordered the Government to pay K10 million in compensation to five clans who are the traditional landowners of the land in Madang where the RD Fishing Ltd is located.
National Court judge David Cannings on Friday issued the order to start paying each clan an instalment of K500,000 by Nov 30, with the final instalment to be paid by Nov 30, 2023.
He ruled that the State was liable as the “expropriating authority” which had to pay compensation for the compulsory acquisition of the clans’ traditional land.
The piece of land in Vidar, Madang district, is known as Portion 625, with an area of 359.67 hectares.
The five clans are Bamaia Wan of Rempi, Alopa Masualaug of Mediba, and the Sarepi, Barpi and Aleodik clans of Budup.
Each clan will receive K2 million as compensation for the use of their customary land.
The court was told the piece of land should have been given back to landowners in 1994 after it was compulsorily acquired from them in 1901.
The land was owned under a freehold title by the Mission of Holy Ghost and later converted to a leasehold title in 1994.
The mission leased the land to other parties before it was surrendered to the State, which then subdivided it.
The traditional landowners went to court seeking declarations that the State and the mission had failed to take into account their interests in the land as the traditional landowners.
They claimed that they had been “shut out” of developments on the land and their interests ignored.
Justice Cannings ruled that the conversion of the land from freehold to leasehold by the mission and the State was done illegally.
He told representatives of the clans to distribute the money fairly to clan members in accordance with customary principles.

8 comments

  • Yes. thank you, justice delivered at last. But the most fearsome thing is the presidency set. Imagine every clan and land owner group taking the state to court claiming millions. It worries me how many billions the state would be liable to pay.

  • Am in support of Malcom”s views that much of land was taken away from the customary landowners and the precedent set here is not good for national development. Justice is done at last for rightful landowners who have missed out on compulsory acquisition. The filtering effect for land compensation will draw back development in the longer term.

    Land is requisite for development and there must be reforms done to cater for development.

  • Decision is applauded but one thing people should know that government does`t have enough money to make payouts. At list give some time to government to look for their money.

  • While justice is being done.
    A precedent had been set. What happened to the principle of Indefeasibility of title

  • Hang on the process has not been exhausted, aggrieved persons or parties are at liberty to appeal this decision at the supreme court.

  • This is a very critical time because of the COVID 19 apendemic and Iam totally upset with the Judges giving the final decision to make the payout at this OE period.Should there revised decision made by Judge Canning? Prolong the payment until and when the Lockdown is over and everything goes back to normalcy.
    Magi Radaaz

  • What is the State paying? Past occupancy or outright purchase of the Customary land under discussion? This case should reinforce the States obligation to pay fair compensation for such land compulsorily acquired for public utilities.

    Yes justice for our local landowners, at long last!!

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