OC queries role of new ministry
THE Ombudsman Commission (OC) yesterday wrote to Prime Minister James Marape questioning the role of the new Ministry of Key Constitutional Offices.
The letter, signed by all three commissioners, expresses concern that the new minister may interfere with the daily operation of constitutional offices, including the OC.
Said the OC: “The Ombudsman Commission is concerned on the creation of the new ministry which is intended to oversee the Constitutional Offices, as the Constitutional Offices are independent from political interference and ministerial oversight, and that their independence is guaranteed by the Constitution.
“The Constitutional Office holders and Constitutional offices defined under Section 221 (Definitions) of the Constitution enjoy absolute independence.
“With the creation of the new ministry, there is high likeliness that the new minister may interfere with the daily operations of these constitutional offices.”
Marape last Thursday announced the creation of the new ministry in a Cabinet reshuffle, and appointed Popondetta MP Richard Masere to be its minister.
The Constitutional Offices affected include the:
- OFFICE of a Judge of the National and Supreme Courts of PNG including the Chief Justice;
- OFFICE of the Public Prosecutor;
- OFFICE of the Public Solicitor;
- OFFICE of the Chief Magistrate;
- OFFICE of the Ombudsman Commission and its three members including the Chief Ombudsman;
- OFFICE of the Electoral Commission;
- OFFICE of the Clerk to Parliament;
- OFFICE of the Public Service Commission and its Commissioners;
- OFFICE of the Auditor General; and,
- HOLDERS of any other office declared by an Organic Law or an Act of the Parliament to be a constitutional office.
The OC is concerned that all these offices could be affected if the new minister assumes duty.
“This will seriously affect the functions and operations of these Constitutional institutions and cause confusion and misunderstanding among constitutional offices and may demean the integrity of the Government,” the OC letter added.
At the end, Chief Ombudsman Richard Pagen, Ombudsman Kevin Kepore and Ombudsman Joseph Molita pointed out: “It is highly likely that the minister responsible for Constitutional Offices may in performing his functions, interfere with the independence of the OC and this must be prevented from occurring. The OC is writing to you as its minister and spokesman to consider this issue immediately and address it at the earliest convenience before the minister starts performing his functions.”
3 comments
Leave the the constitutional offices alone. Politicizing government institutions is destroying the nation
The Constitutional Administration of this country has to be respected by the Executive Body of the Government. The government to create another office to administer the role of constitution shall not be allow. Why? The existing administration of constitution has to be maintained. The government has to create Legislative Investigation Agency (LIA) to monitor and coordinator how the constitution is administer within this country. The priority of LIA has to monitor how state coordinate law and it provision is equally distribute to the people.
It may not be the intention of the government to create an oversight over OC, knowing fully well the OC is an independent but a statutory arm to function independently from political interference yet was created by government constitutional undertaking to regulate fairness and equity under democratic principles and to maintain judicial fairness within the principles of democratic system of government png enjoys.It is believed the intent is in no way to undermine or compromise the independent integrity of OC in any shape or form.
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