O’Neill: East Sepik govt not suspended

Source: The National-Monday,24th October 2011 By ISAAC NICHOLAS EAST Sepik Governor Peter Wararu has been given until Wednesday to show cause why his government should not be suspended, according to Prime Minister Peter O’Neill. Speaking through his chief-of-staff Ben Micah, O’Neill said yesterday the East Sepik provincial government had not been suspended. Minister for Inter-Government Relations Mark Maipakai wrote to Wararu last Friday reminding him that the East Sepik government was not provisionally suspended but impressed that he should be at the prime minister’s office, Morauta House, on Wednesday. “The prime minister’s letter to you and my letter to you, dated Oct 18, 2011, only advised you of the existence for a ground for suspension. “Consistent with your request, the NEC has met this afternoon and resolved to give you until Wednesday, Oct 26, to have a definitive stand in relation to the NEC directives contained in my letter to you. This is ample time for you to convene a PEC meeting to resolve the issues contained in the NEC directives.” The prime minister’s letter of the previous day stated in part: “The council (NEC) is of the view that your PEC has undermined the authority of the parliament by challenging the decision made by parliament. “Further, the provincial government has a standing in the Supreme Court only when it affects its administration and not everything under the sun.” Micah said the issues that the National Executive Council was dealing with was on the suspension under the Organic Law on provincial and local level government and “is not restricted to East Sepik provincial government alone”. He said since the enactment of the Organic Law in 1995, the law had not been used although provincial governments had challenged the executive and parliament decisions. Micah said there were three main criteria that could lead to a suspension including secession, a major disaster or emergency and undermining the authority of parliament. He said Wararu and the provincial executives had challenged the national parliament’s decision of Aug 2 to oust the government of Grand Chief Sir Michael Somare. Micah said the provisions of the Constitution allowed challenges on certain issues that had a direct effect on provinces but in this instance the removal of the prime minister “does not affect the East Sepik provincial government”. “Therefore, all NEC is doing is going through the necessary process in asking Wararu to explain why he is challenging the decision of the national parliament. “The national government feels that Sir Michael, as the provincial member for East Sepik, is the rightful person to take the matter up in court. “The national government is not suppressing the rights of anyone from proceeding with the matter but the East Sepik provincial government is an arm of the national government and NEC, and, as provided under the law, is calling on the East Sepik provincial government to come forward and explain.” Micah said other provinces were being looked at and would be dealt with by the provincial affairs minister. “This action is not against the people of East Sepik but an action looking at all activities of provinces, including gross abuse of funds by provinces.” He said the “show-cause” was part of the normal process. Micah said in a suspension, the governor and provincial assembly “will be prevented from exercising section 42 powers under the Organic Law on provincial and LLG”. The powers included law making and executive powers that will be returned to Waigani and a team comprising the provincial affairs minister and two other provincial representatives to oversee the running of the province. The substantive arguments for the reference would be heard today as well as Sir Michael’s challenge to his ouster from parliamentary membership by the speaker.