By Luana Paniu

Inconsistencies and flaws found during the preliminary stages of the Commission of Inquiry into the Special Agriculture and Business Leases (SABL’s) found that almost all Departments lacked basic logistics, management and coordination to effectively carry out what was required of them. Findings also included lack of proper monitoring of officers and file movement, funding and manpower.

The Commission of Inquiry officially commenced on the 16th of August with the appointment of Chairman and Chief Commissioner John Numapo and Commissioners and members, Alois Jerewai and Nicholas Mirou presiding over the cases. Other persons appointed are; Mr Simon Ketan as Counsel Assisting, Mr Paul Tusais as Senior Lawyer Assisting, Dr Garry Sali as Technical Advisor, Ms Mayampo Peipul as Advisor and Mr Mathew Yuangu as Secretary to the Commission.

The first witnesses called to give evidence were Senior officials from the Department of Lands and Physical Planning (DLPP) which included, former Acting Secretary Rommlly KilaPat, Former Acting Deputy Secretary Customary Lands Adrian Abby (Mr KilaPat was reinstated to the position of Acting Deputy Secretary during the course of the Inquiry), Registrar of Titles Henry Wasa and Director, Customary Leases, Andie Malo. This was followed by Acting Secretary of Department of Environment and Conservation (DEC), Dr Wari Iamo and his Acting Deputy Secretary Henry Wau. Managing Director of PNG Forest Authority (PNGFA), Kanawi Pouru appeared soon after followed by Department of Agriculture and Livestock Secretary, Anton Benjamin and his Deputy Secretary Francis Daink.

They appeared before the Inquiry to explain in detail, the relevant steps required from each of their divisions before permits were issued for the SABL to take full effect between Landowners and the nominated foreign investor under the SABL. The Inquiry heard that processes of every division within each department were quite extensive in ensuring that all procedures were carried out according to relevant provisions of the Law. But it was again revealed that these inconsistencies where the core factors why effective awareness programs were not carried to most if not all parts of the leased land area made up of many Customary Landowners resulting in issues such as lack of consent from Landowners stipulated in the Lands Act 1996

Under Section 102 (2) “A special agricultural and business lease shall be granted –

* To a person or persons; or
* To a land group, business group or other incorporated body To whom the customary landowners have agreed that such lease should be granted.

The problematic area for all Departments involved was the lack of dialogue between each of them only doing so when they had fulfilled their mandated duties and the lessees were requiring proponents only available in the next department.

The Commission of Inquiry also made a shocking discovery that Land Titles filing is so bad there is no guarantee whatsoever for titles issued under the Special Purpose Agriculture and Business Leases (SPABL) to be saved and protected. The DLPP had for many years opted for the use of a library card system although in this case, without the presence of a librarian to monitor movement of files. The Inquiry has yet to receive 6 more files pertaining to the 75 files currently before the Commission of Inquiry.

It was also discovered that the DAL had never given their approval for 31 fully operational SABL’s of the 75 currently before the CoI stating that they have no records creating puzzlement from everyone present because by description, the emphasis of the SABL is largely Agricultural.

Environmental permits were only issued after a long process from the DEC as required by Law but that process often was not followed by the Landowners which resulted in incidents of large clear felling of premium species of timber without approval from the PNGFA resulting in damage of the environment. Such issues were prevalent in large scale agricultural developments taking place around the country under the guise of establishing tangible development for the Landowners concerned.

Questions raised to each of the Departments was according to the Terms of References widely publicized in the media to find out whether there were any inadequacies made during the process to which there were many.

The former Custodian of Trust Land, Manasupe Zurenuoc also appeared before the Inquiry and gave evidence alleging that 2 SABL’s covering Emirau Island and portions of New Hanover in New Ireland had been illegally issued to which Lands Department replied that investigations were continuing. Mr Zurenuoc said Under Section 134 of the Land Act, the Custodian for Trust Land is required to provide certificate of alienability before a particular customary land is alienated (isolated) and acquisition is executed by the Department of Lands and Physical Planning.

The Inquiry heard that the DLPP had made the administrative decision about 10 years ago to cease requesting for Certificates of Alienability despite it being a requirement by Law in SABL cases. The DLPP however informed the Commission of Inquiry that this administrative decision had been made because they held the view that it was not required in regard to the SABL’s. They explained that of the different types of State Leases, an SABL was different because Customary Land Acquired for the purposes of SABL was not alienated ( isolated by LO’s) in perpetuity (for eternity), but was only leased to the State for the issuance of the State Leases to be leased back to the customary landowners for a period of up to 99 years stipulated under section 11(1), (2) and 102(4) of the Land Act 1996.

The Commission of Inquiry (CoI) had been established to look into the 75 cases of SABL’s nationwide following public outcry from Landowners and NGO’s over the evident abuse of process prompting the Government to place a moratorium on its issuance on the 6th of May this year. The issue involved was the leasing of a land mass totaling 5.2 million hectares of land for a period of 99 years. The CoI had initially been scheduled from the 13th of July and then the 18th before a formal announcement was made by former Prime Minister Sam Abal of its commencement on the 28th of July, largely due in part that the relevant instruments were yet to be made available. The 75 case files are now open for mention before the Commission of Inquiry with hearings to continue to take place next week.