Parties query discussion
By KARO JESSE
THE Mineral Resources Authority (MRA) and Mining Minister Johnson Tuke are uncertain of what is to be discussed in a mediation ordered by the Waigani National Court between the State and Barrick Niugini Ltd (BNL), the operator of Porgera gold mine in Enga.
Deputy Chief Justice Ambeng Kandakasi gave the order on Tuesday, in a judicial review proceeding BNL filed against the State for refusing to extend its special mining lease (SML).
The issue that remains to be resolved is whether the decision by the State was unreasonable, which the miner claimed as unreasonable in wednesbury sense (a reasoning or decision made unreasonable or irrational).
State claimed that the expiry of the lease was in accordance to the law and there’s no right for renewal.
The MRA and Tuke, through their lawyer Nelson Saroa, raised their concerns on Wednesday during the hearing of determination of the mediator.
“My clients’ instruction is what is there to mediate on,” Saroa said.
“By operation of law, SML expired and has come to an end, why would one have to go back and mediate?
“The issue is that the miner had claimed right of renewal.
“It’s all provided in the Mining Act, if you want to unalign that process, that came to an end in appraisal of law, how can it be?
“It (mediation) is like asking the National Executive Council and the State to revisit the entire provision.”
Justice Kandakasi, however, explained that parties’ consent was not needed to order a mediation or the mediator.
He explained that the mediation was to expediate the long litigation process to cut time and unnecessary cost of filing appeals or applications in court regarding the matter.
As he had explained earlier, the forum is for the parties to be given the prospect of exploring their options and coming to a resolution to strike a deal to create a win-win situation. Thus, the mediation is only an option which the court considered to resolve the issue which parties have shown arrogance and taken position of the issue.
“Court has come to a stage where mediation had to get the parties to negotiate and come to an agreement of settlement of issues before the court,” Justice Kandakasi said.
“If the issues can not be resolved through mediation, then we can go back to trial.”
The State will be represented by the state negotiation team.
Justice Kandakasi was self-appointed as the mediator after parties sought an experienced and well-informed mediator to see through the forum.
The proceedings return today for hearing on pending motions while mediation begins on Monday.
11 comments
Barrick has extracted enough Of our resources for many years. Barrick knows the high grade deposit remaining so is not willing to pull out easily.
The laws of PNG should be upheld to protect our resources. The court should not bow down . No Medication…. Barrick is not the Land Owner of Porgera or Enga province.
Why is the judge not seeing the suffering 2000+ employees went through when Barrick decided to just shut down like that and laid them all off???? Human rights lawyers should be taking Barrick to court for that!
this Government requested them to operate for 6 extra months to allow for smoother transition yet they decided to cruelly and without feeling for the employees just laid them all off. You opted to cruelly and selfishly create chaos for this country.
You forget that the people you were laying off were the very people that made billions for you for 30+ years and faithfully. They have families and you also knew our country was going through tough times trying to deal with the covid 19 pandamic yet you evilly plotted strategically that with the decision our people will suffer extra from these as well…hoping that the 3000+ and the contractors, including the country will rise up against the government
With this decision, the deputy chief justice had seen it fit that they – BARRICK, have a case as if they own the land and 30 plus years of reaping was not enough so YEAH let them continue taking everything in that land away for their countries citizen. Our people are just animals who will on scavenge on the leftovers?
WHAT A JOKE THIS DECISION IS! We have a law; the MINING ACT with provisions that clearly states what happens when a mine lease expires. When the lease expires, everything is put on the floor and continuation also depends on your performance. So, even though this company preaches about legitimately protecting the environment, one can only see the devastation by just flying over the rivers from Lagaip into, strickland into Western where Fly and Strickland meets to see the difference. Unlike Ok Tedi operation which has the dredge to take out sediments hence clear evidence of re-growth everywhere along the mighty fly before the junction. However, with porgera operation we still see the same old brown river still showing clear build up due to lowland because they have not placed any dredge up the top as a responsible foreign miner. They have been accused of taking golds out of the country without declaring, and also accused of taking sides in LO issues by paid sponsorship against various LO groups using community relations specific team members, Preferred area employees are still being underpaid and mistreated. These all points to the fact that you are not fit to continue operate when you mistreat our people, cheat the system, don’t truly care for our environment.
So you shut your mine down, packed up already thinking that that decision would put pressure on the government to back down, right? No! you got it wrong. YOU BNL CAN PACK UP NOW! Get the hell out of this country, WE DON’T NEED YOU!!!!
Hey Clouedlands: I like the way you put them 2nd para-
100% with you all the way-PNG DESERVES BETTER-Enga Deserves BETTER!!!
No need for a mediation. The learned Judge is giving an order (mediation) which was not sought for by the plaintiff nor the defendant. Can that be done? The same Judge has given such orders for the second time in a space of two months. The first one was on the case of O’Neil vs Kramer last last month. Sounds strange to a layman,
Well the governments new terms and conditions are on the table, so Barrick ball is in your court, our people deserve better 44 years on. Kudos to Honourable Governor Ipatas and MP James Marape thank you for your stand and by God’s grace there is light at the end of the TUNNEL. Our great people of ENGA we stand together for the benefit of the next generation.
God bless PNG
Mediate and get this mess over soon. PNG will be the ultimate loser here in the long run!
The big question sitting in front of us eyes is that HOW CAN GOVERNMENT AND BARRICK meet to negotiate when it was already pushed to Court to decide.Negotiation should have been done in the first place and not at this point.Really confused
If the SML agreement had expired then its the State that decides what to do, not eh court ordering the state
BNL must leave, SML expires in August,2019 last year. They have wasted enough time for all these negotiation to take place.
All employees should sue BNL for neglecting knowingly.
If your agreement expires then by law it is.
30 years ago our Engean fathers’ signs for it without carefully going through the MLA. You have enjoyed enough.
Today their sons and daughters are not stupid enough to renew your lease so please leave.
MRA stand firm.
I agree with cloudlands’ statement that there is a provision in the Mining Act as to what to do when a mining lease comes to an end. The court should go down that road. The national government, provincial government and land owners clearly have not benefited enough. It is clearly a reap-off.
Going to court will not work for all parties because BNL is a foreign company and the shareholders are foreign and they build up their own empires in their own countries. Leave our resources in the land and only sign-off deals with genuine developers meaning a win/win for all parties. We PNGeans must try to leave within our means. We also own land and we can live off it. I salute James Marape’ and his govt. for standing up against pressure rather than giving in to pressure. Imagine the benefits if PNG companies owned by our own people mined our own resources.
Thank God for for this, this is the season of a turning point, we can take over, we can stand on our own feet, we have been in the industries for the last 40 years, lets trust in the Lord that will take us through, get these burdens out the way for economic independent…….
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