PNG legal reform: Chief Justice Urges Parliament to Review Laws That May Not Serve the Best Interests of Papua New Guinea

Papua New Guinea’s Chief Justice has raised serious concerns that some existing laws in the country are not serving the best interests of the people. Speaking at a public forum, he stressed that Parliament must pass laws that benefit the whole population, not just a small group of individuals. He pointed out several laws and systems that may need review and reform, saying weak implementation and poor legal structures can affect justice, governance, and public trust in national institutions.

Papua New Guinea Chief Justice speaking at a public forum highlighting the need for stronger and fairer national laws. Image generated with Image Studio AI

Chief Justice says, some of our laws are not good for PNG

by TODAGIA KELOLA, NOVEMBER 10, 2023

“Parliament must make good laws for the good and benefit of all, not just a few. Laws passed should not be for personal interests of a few. Laws passed must and should be for collective safety of people, easy to understand and enforce and be applicable to everyone. Some of our laws, dare I say, are not good laws for the country.

“Laws like the District Development Authority Act, there is already the three tiers of government like the National Government, Provincial Government and Local Level Government. Now we have the District Development Authority, who are the members, the chairman. For whose benefit was that law enacted?

“Then the Kumuls Holding Act, all SOEs have their Boards but this law creates another Board, for whose benefit was that law enacted?

“The PNG Sustainable Law or Contract, that has now locked up landowners monies in Singapore – whose benefit was that law and contract for?”

As for due processes Sir Gibbs gave an example of a Police complaint that he personally made.

“Start with my own experience. I filed a complaint against a then government minister to the Commissioner of Police to have the minister charged for certain alleged offences. My letter was confidential to a head of State agency. That letter got intercepted and posted on social mediaplatforms and ultimately this complaint of mine never got attended to. Some four years later, it remains unattended. I have since given up in our systems,” he said. Police Commissioner David Manning was also at the forum and delivered a presentation before the Chief Justice.

Sir Gibbs said: “The courts recognise that the weak implementation and reform of laws impacts on the effectiveness of due process, the effective administration of justice and the rule of law in the country. All of which pose negatively on PNG.