by Porgera Joint Venture | 29 Sept, 2020.
PORT MORESBY, PAPUA NEW GUINEA – TUESDAY 29 SEPTEMBER, 2020: Barrick (Niugini) Limited (BNL), majority owner and operator of the Porgera Gold Mine in Papua New Guinea, provides the following response to a press statement released yesterday by Prime Minister James Marape regarding recent legal proceedings concerning the Porgera Gold Mine.
On 7 September BNL filed an appeal in the Supreme Court of the decision handed down by Deputy Chief Justice Kandakasi in the National Court on 1 September dismissing on procedural grounds BNL’s application for Judicial Review of the Government’s decision to reject BNL’s application for an extension of the Porgera Special Mining Lease (SML 1).
While the Prime Minister was correct in stating that on 25 September the Supreme Court dismissed BNL’s application for the court to stay the decision of the National Court pending determination of the appeal, this does not represent the end of the legal proceedings currently before the Supreme Court as the appeal is still proceeding.
In the decision regarding BNL’s Stay Application delivered by Justice Makail in the Supreme Court (SCM No. 18 of 2020), the Court affirmed that BNL has an arguable case to be heard on appeal, and that the decision of the National Court to dismiss the matter on procedural grounds meant that “questions surrounding its application for extension of the SML remained unanswered”.
Further, Justice Makail noted as “valid points” BNL’s objections to the State and its agencies using subsequent NEC decisions to attempt to circumvent and frustrate the due process of the Court, and to subvert BNL’s legitimate attempts to seek legal redress from the Courts.
Justice Makail concluded that it is in the interests of justice that the present status quo be maintained in relation to SML 1. This effectively means that the status quo of BNL being in possession of the Porgera mine site and maintaining it in a state of care and maintenance remains, without the interference of the State or other parties.
BNL refers the Prime Minister to his previous public comments regarding respect for the prerogative of BNL to exercise its legal rights through the Courts, and urges the Prime Minister to refrain from making further public comments, pending determination of the current legal proceedings.
Ends//
———————————–
PNG–Australia Defence Treaty: Critical Questions About Sovereignty, Security, and National Interest: Why the PNG–Australia Defence Treaty Sparks Important Questions on Sovereignty, National Security, and Future Direction As Papua New Guinea approaches its 50th Independence Anniversary, a proposed Defence Treaty with Australia raises serious questions on sovereignty, threat perception, and national interest. Dr. Bal Kama highlights […]
by Daniel Baulch (GAICD, Mldshp) – Deputy Commissioner @ Independent Commission Against Corruption PNG | GAICD, Master of Leadership Integrity, governance, regulation, emergency & crisis management, justice, law enforcement and investigation – LinkedIn ð¥ SMOKESCREENS & SCAPEGOATS ð¥ The Prime Minister’s latest idea — the National Monitoring and Coordination Authority (NMCA) — is being sold […]
My father told me stories of the life in the 60s. When the roads I now call bush tracks were once proud highways. The town, once filled with hopeful faces in decent clothes, locals and expats alike, now feels weighed down by neglect… A place where laziness and greed seem to grow, where dreams fade into filth. Still, I will…
Most families measure time in weekends or holidays. Ours? In flight hours, logbooks, terminals, and the occasional jumpseat ride. Captain Nigel Narara shares a heartfelt Father’s Day reflection on how aviation became more than just a career for his father. It became a lifelong journey of passion, family memories, and giving back. From flying for Emirates and Etihad to mentoring…
