Pundari’s committee shackled

By REBECCA KUKU
THE Public Accounts Committee (PAC) has been restrained by the National Court from conducting its inquiries.
Chairman Sir John Pundari told The National yesterday that the inquiry into Old Parliament House had to be cancelled yesterday after Sir Kostas Constantino’s lawyers from Ashurst PNG served an originating summons, taking the matter to court to permanently restrain PAC from conducting the inquiry.
In the court proceedings, Sir Kostas Constantino vs Sir John Pundari and Public Accounts Committee, the plaintiff sought orders, among others, to:

• Declare that second defendant (current PAC) lacked legal standing in that it was not properly constituted according to Section 73(1) of the Public Finance (Management) Act; and,
• Declare that the purported appointment of the first defendant (Sir John) as the chairman of the second defendant (PAC) by the national parliament contravened Section 73(6) of the Public Finance (Management Act).

Sir John said the legal challenge “questioned the very existence and legitimacy of the PAC”, however, as we have maintained before, we respect the plaintiff’s rights to seek legal redress.
“Similarly, we also respect the courts for our land so we will defend it,” he said.
“Siting as an extension of parliament, the people’s Public Accounts Committee enquires into the expenditure of public funds and properties.
“Our constitutional mandate is simple, we follow `public monies’ and `properties’.
“Whether you are a government official or agency, or a private individual or a private company registered under the Companies Act, as long as public funds and properties have passed through you or to you; be warned that the PAC will be interested in hearing from you in person. Because the PAC’s duty is to ensure that our people get value for their monies and properties.
“In the course, we also examine whether there are weaknesses in the processes and systems, if so, we recommend changes to Parliament.
“It is that simple.
“Therefore, we appeal to those that have dealt with public funds and properties to appear before the committee when summoned.
“See it as an opportunity to clear doubts and misconceptions.
“It is an opportunity to set the records straight.
“Please come assist the committee, don’t fight it.
“Back to the current proceeding.
“Though the committee welcomes it, we are very mindful of the fact that it would be another expensive exercise, costing the people money, legal bills to law firms who ultimately end up being the biggest winners.
“Nevertheless, the committee has resolved to defend this action.
“We will engage our lawyers to file the necessary defence.
“They were successful in obtaining interim orders which have been served on the PAC.
“And we will respect the courts and comply. Therefore, we should unfortunately, inform the people of Papua New Guinea that your Public Accounts Committee cannot do much but to adjourn indefinitely until the court make a determination on the matters before it.”