Prime Ministerís Personal Explanation
Petition on Ombudsman Commission law amendments
Tuesday, May 4, 2010
Pinglish Version English Translation
In the past few days, i gat plenti toktok i kamap lo wialis, long ol television, long ol nius lo ol radio bilong yumi long ol olgeta hap i bin gat bikpela hevi olgeta pipel bilong Papua New Guinea i tok Parliament i laik abrogatim Constitution, destroy the Constitution.
Mi laik tok olsem: dispel dibate i kam em dibate bilong Section 27(4) Parliament i pasim pinis. Parliament i passim dispela law na nau yumi toktok lo Organic Law. Amendment bilong Mr Maladina em i sanap lo Organic Law. I olsem i mas i gat Constitution na ananit lo Constitution bilong givim pawa lo Constitution ol i kolim lo Organic Law.
Ananit lo ol dispel Organic Law, i definim ol responsibilities wanem wok ol OC bai wokim; wanem kain pasin i ken kisim pepa, na putim ol pepa, na wanem kain paism i ken kisim i go na tok long kot long en. Or suspendim Member or suspendim Lida. Long dispel kain, mi pela laikim dispela Organic Law bai tok kilia long dispel pasin bilong responsibility bilong Ombudsman.
Parliament i no bin traim lo rausim pawa bilong Ombudsman, Mr Speaker. Pawa e mi stap. Mipela wokim amendment long Section 27(4) e mi kamap pinis. Nau Honourable Member bilong Esaíala i go long Caucus bilong Government bikos e mi private Member, e mi bringim dispel bill olsem private Member, Parliament i agree o ol Caucus is agree e mi gutpela law bai mipela i ken save husat baimbai i lukautim wok bilong Ombudsman sapos ol lain bilong Ombudsman i gat sampela trabel. Olsem na ol i raun na i toktok, dispel law i no gut, mipela i laik rausim Ombudsman.
Mi wanpela bilong ol man ia mi raitim dispel law. Nem blo mi Michael Thomas Somare. I wrote the Constitution. I wrote the Constitution. Mi no challensim Constitution na laik rausim. Gavman bilong mi i no wokim dispel. Ol member i no wokim dispela. Mipela laikim bai i stiaim.
Pasim bilong wokim law, mipela ol legislators, wok bilong mipela, sapos mipela i galasim Constitution i rong, Constitution is no bungim stret ol as bilong tingting, na i no go stret long rot mipela is makim long en, wok bilong mipela long sensim. Em wok bilong mipela long mekim. Wok bilong ol Civil Service em lo givim mipela advais. Wok blong ol courts sapos ol i pilim olsem, Constitution i no stret, wok blo Court em lo tanim tingting blo mipela. They merely interpret the intention of the Honourable Members of Parliament. What intention was all about to enact that law.
Mr Speaker, plenty man i go lo radio, ol man i laik go nabaut nabaut, bikmaus, tok nogut lo ol Member, mipela i no inap sanap na defendim mipela. Floor bilong Parliament e mi tokaut ia. Mipela i no gat wrong. Em wok bilong mipela.
Ol man it ok ol i representim pipel. Mi ol pipel bilong East Sepik i makim mi na olgeta dispela ia, ol Member, ol electorate bilong ol i makim ol long kamap ol Member bilong Parliament. Ol pipel i gat right long sensim ol after five years. Sapos ol pipel i no hamamas long ol law, em wok bilong ol long dispel taim long vote na sensim.
Na yu ol kain organisation olsem Ombudsman Commission, yu ol kain organisation olsem CCP or tri tri kain, husat i makim yu? Who elected you in the secret ballot. I was elected in the secret ballot.Husat i electim dispela sadan ia i sindaun antap ia. Ol lain lo pepa, husat i makim ol. I no gat wanpela lain lo peles i putim vote long ol. Nogat sem blo ol. Wok moni. Salim Pepa blo yu. Bagarapim nem blo kauntri blo yu. Ol longlong. Interest blo indastri blo yupela moa long kauntri blo yupela. E mol sadan i sindaun nabaut ia.
Mr Speaker, olsem na mi laik explain, mipela i no traim brukim wanpela law. Constitution e mi stap. Mipela mekim plenty Constitutional amendments. Pasim blo Constitution, yu laik introdusim, yu bringim nambawan taim; nambawan reading i go. Mipela vote lo nambawan vote. Namba tu reading, i stap tupelo mun, standing order it ok olsem, dispel standing order, standing order bilong yu ia, i tokim mipela olsem, bihain lo tupelo mun pinis, bai mipela i bringim dispel law i kam bek gen. I kam na mipela i lukluk gen. Sapo i no stret, orait bai mipela toksave orait bai mipela mekim dispel senis. Sapos mipela luk i stret, mipela i pasim. Long kamap Constitution, i mas gat eitpela ten tri votes. Dispela em major Constitutional vote, i bin karim aut 83 votes long ol Member blo Parliament. 83 votes and you multiply that 83 votes, work out in percentage terms, Mr Speaker, those of them who are mathematicians, work out 83 per cent of the House Ė thatís law, it becomes law. Itís absolute majority of the people of this country who represent the people who are here on this floor; made that law.
Mr Speaker, nau mi harim olsem Ombudsman igo givin misleading information. Mi bai mi painim aut na mi bringin ol tu long stretim ol. I will. Because under the law, that damn Const, that Constitution, that Constitution gives me power to do so.
Bai mi questionim ol. Ol i ken questionim mipela. Mipela i laikim stretim law bai husat bai questionim ol sapos ol i rong? Husat save investigatim ol. Ol i tok lo onus of proof, sapos yu gat plenty save lo law, onus of proof, em i no save stap lo Ombudsman. Onus of proof i stap lo court. Only Court can prove that onus of proof.
Mr Speaker, Mi laikim explain because plenty pipel olsem ol Member bilong Opposition ia, Leader bilong ol igo acceptim, I donít think even guy understands it. I donít think even guy understands the law. I donít think he even read the law. The Leader of Opposition and his cohorts. You go and stir people up. You want to destabilise the country. You did not make it in the elections. Why should you go and disturb. You wait and your time will come. And Iíll kam and campaign against you in Bulolo and even Moresby Northwest.
Na mi tokim yupela pinis. Yupela i save gut lo ol samting. Yupela save gut lo English. Basil yu as blo kirap na tok English ia, traim na explain gut lo ol mipela blo yu. Tokim ol pipel blo yu. Long tok pisin bai ol i save lo yu. Yu no tok pisin nau, faiv yia pinis bai yu go ia.
Mr Speaker, olsem me tok, mi laik tokim dispel haus olsem, mi no bagarapim Constitution. We are not amending the Constitution. We are not taking the power of Ombudsman away. What we are doing with the Organic Law is administrative process in administration of what the Ombudsman should do, what are its responsibilities, and what is prosecution responsibility and all that. We are not changing anything.
Mr Speaker, if it needs to be explained by our Honourable Members from the other side to the people they would have understood it. But no, they got carried away with their political mileage, political maneuverings, want to get the support of the people.
You went and asked for support, Mekere, twice in a row, two terms, you did not win, so sit down and shut up.
Thank You, Mr Speaker
In the past few days, there has been plenty of discussion in the wireless, on television, news, and our radio stations all over on concerns by the people of Papua New Guinea that Parliament is abrogating the Constitution, destroying the Constitution.
I want to say this: This debate on Section 27(4), Parliament has already passed. Parliament has passed this law and now we are focusing on Organic Law. The Amendment proposed by Mr Maladina is on the Organic Law. The Organic Law is a subordinate law under the Constitution.
This Organic Law defines all responsibilities and functions of the Ombudsman Commission: the process of receiving documents, submitting or serving them, and presenting them to Court; suspending a Member or suspending a Leader. We want to make sure that the Organic Law is very clear on this process and responsibilities of the Ombudsman Commission.
Parliament is not trying to remove the powers of the Ombudsman, Mr Speaker. The powers are there. Amendments to Section 27(4) have already been done. Now the Honourable Member of Esaíala came to Government Caucus because he is a private Member; He brought this bill as a Private Member and Parliament or rather Caucus agreed that it is a good bill as it addresses who will oversee the work of the Ombudsman if they are in trouble. That is why there are discussions going around that this bill is not good as we are trying to remove the Ombudsman.
I am one of those who wrote this law. My name is Michael Thomas Somare. I wrote the Constitution. I am not challenging the Constitution and want to remove it. My Government is not doing this. Members are not doing this. We want to steer it.
In law making, we as legislators, our role, is to scrutinise the Constitution where it is in error, where the Constitution does not reflect aspirations, where it is not functioning as intended, and it is our responsibility to amend it. Thatís our responsibility. The role of the Civil Service is to provide advice. The role of the Courts is to change our thinking. They merely interpret the intention of the Honourable Members of Parliament. What the intention of was in enacting that law.
Mr Speaker, many people have gone on radio unnecessarily to loudmouth, spoil Members, but we wonít stand and defend ourselves. The Floor of Parliament is where we express ourselves like I am doing. We have done no wrong. This is our role.
This people say they represent the people. I was elected by the people of East Sepik. And all these, the Members, their electorates elected them to be Members of Parliament. Their people have the right to change them after five years. If their people are no happy with the laws they make, they can exercise their rights and vote to change them.
But organisations like the Ombudsman Commission, and you organisations like CCP or triple kinds, where is your mandate? Who elected you in the secret ballot? I was elected in the secret ballot. Who elected those Satan sitting up there? Those press people, who elected them? No one from the villages gave them any votes. Shame on them! Work for your money. Sell your newspapers. Spoiling the name of your country. They are mad. They are more concerned about their own industry than about their country.
Mr Speaker, thatís why I want to explain, we are not breaking any laws. The Constitution is intact. We have made many Constitutional amendments. The process of amending the Constitution begins with introducing the amendments the first time for the first reading. We vote for the first vote. The second reading is suspended for two months according to the Standing Order. After two months, the bill is brought up and we re-look at it again. If it is alright, we make this change. If we see that it is straight, we will pass it. For Constitutional Amendments, there must be 83 votes. This was a major Constitutional Amendment vote, so there were 83 votes from the Members of Parliament. 83 votes and you multiply that 83 votes, work out in percentage terms, Mr Speaker, those of them who are mathematicians, work out 83 per cent of the House Ė thatís law, it becomes law. Itís absolute majority of the people of this country who represent the people who are here on this floor; made that law.
Mr Speaker, now I hear that the Ombudsman is going and giving misleading information. I will investigate and bring them and correct them. I will. Because under the law, that damn Const... That Constitution, that Constitution gives me power to do so.
I will question them. They can question us. I want to sort out the law as who will question them when they are wrong. Who investigates them? They talk about onus of proof, if you are knowledgeable about the law, the onus of proof, does not rest with the Ombudsman. Onus of proof rests with the Court. Only the Court can prove that onus of proof.
Mr Speaker, I want to explain because many people like the Members of the Opposition, their Leader went and accepted the petition; I donít think even the guy understands it. I donít think he even reads the law. The Leader of Opposition and his cohorts. You go and stir people up. You want to destabilise the country. You did not make it in the elections. Why should you go and disturb. You wait and your time will come. And Iíll come and campaign against you in Bulolo and even Moresby Northwest.
And Iíve already told you: you under this very well. You know English very well. Basil ..... try and explain things well to your people. Tell your people in Tok Pisin so they know you. If you donít talk to them in Tok Pisin, after five years you are gone.
Mr Speaker, as I said, I want to tell this House that we have not destroyed the Constitution. We are not amending the Constitution. We are not taking the power of Ombudsman away. What we are doing with the Organic Law is administrative process in administration of what the Ombudsman should do, what are its responsibilities, and what is prosecution responsibility and all that. We are not changing anything.
Mr Speaker, if it needs to be explained by our Honourable Members from the other side to the people they would have understood it. But no, they got carried away with their political mileage, political manoeuvrings, wanting to get the support of the people.
You went and asked for support, Mekere, twice in a row, two terms, you did not win, so sit down and shut up.
Thank You, Mr Speaker