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CoI to start Provincial hearings

By Roderick Kanama

The Commission of Inquiry (COI) into Special Purpose Agriculture and Business Leases (SPABL also referred to as SABL) will commence its provincial visits as part of its preliminary hearings on Monday 24/10/2011. The COI is yet to commence substantive hearings and the time it was allocated to complete and make known its findings is almost over. 

The focus of the COI has been and continues to be on (a) determining the legal authority on issuance of the SABL; and (b) determining the procedures for issuance of SABL with the legal authority, if any.

To this end, files have been opened for mention and evidence consisting of relevant documents and affidavits have been submitted by ALL Interested parties, particularly the four (4) key Government Agencies – The Department of Lands and Physical Planning (DLPP), the Department of Agriculture and Livestock (DAL), the Department of Environment and Conservation (DEC) and the PNG Forest Authority (PNGFA).

The COI thus far has revealed widespread irregularities in these key agencies. This is compounded by the fact that NONE of these departments COMMUNICATE with each other nor do they synchronize their processes to complement each other, as was revealed at the COI.

Hearings of the COI were suspended on Monday until Thursday (13/10/2011) where the Registrar of Companies, Mr. Alex Tongayu appeared briefly to give evidence relating to status of each respective companies and their compliance with the Companies Act of PNG. Mr. Tongayu was directed to reappear before the COI to provide affidavits and additional documents to conclude the file relating to status of each company.

The Acting Secretary for the Department of Lands and Physical Planning, Mr. Romily Kila-Pat who was scheduled to appear after lunch could not as the hearing has been further adjourned to Thursday week (20/10/2011), two (2) working days before the COI is scheduled to commence its hearing in the provinces beginning with New Ireland Province beginning on Monday (24/10/2011). The full schedule of hearings was published today. 

The hearing in the provinces will allow landowners to give evidence either to substantiate or disprove assertions and evidences gathered during the time of mention here in Port Moresby. Most issues raised and for which evidence has been gathered are to do with lack of landowner consent, environmental damage and alienation of land, no tangible evidence of developments, violation of human rights etc. The hearing in the provinces is still part of the preliminary hearing and will be contested during the substantive hearings.