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Samoa caretaker PM and AG absent for contempt of Court citation

Pita Ligaiula
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Samoa caretaker PM and AG absent for contempt of Court citation

The non-appearance of the Samoa caretaker Prime Minister and the Attorney General in a case where they are cited for contempt of Court was raised when the matter was called this week.

Lawyer Matafeo George Latu acting for the appellant – the Fa’atuatua i le Atua Samoa ua Tasi (FAST) party – said the matter at its outset is a quasi-criminal matter for contempt of Court.

Matafeo told the Court that a quasi-criminal matter has been practiced in Court and those accused of contempt of the law have to appear in person as it is a criminal matter.

A quasi criminal proceeding can be instituted by a private citizen on behalf of the Government and is a lawsuit that has some qualities of a criminal prosecution.

The lawyer noted that the only respondent present in Court was Tiatia, the third respondent.

But the quasi-criminal issue was disputed by the leading defence lawyer for caretaker Prime Minister Tuilaepa Sailele Malielegaoi and Attorney-General Savalenoa Mareva Betham-Annandale.

New Zealand’s Queen’s Counsel, Dr Rodney Harrison – who is representing Tuilaepa and Savalenoa in the proceeding, and participated through video link – disagreed with the contention from Matafeo.

Other respondents who are cited for contempt of Court include outgoing Speaker, Leaupepe Toleafoa Faafisi and Clerk of the Legislative Assembly, Tiatia Graeme Tualaulelei.

Dr Harrison said the matter is a civil contempt application and not a criminal matter.

“The standard of proof is a matter yet to be addressed in the substantive hearing,” he argued.

“The suggestion that all respondents should be present – I don’t accept that it is necessary in this respect. It’s simply a mention meeting and it should address the usual matters for such meeting.”

In addition Dr Harrison is also seeking particulars on the allegations of scandalising the Court against the caretaker Prime Minister and the Attorney General.

Ruby Drake, acting on behalf of the outgoing Speaker, said she agrees that the matter is a quasi-criminal matter.

She apologised that her client was unable to attend the case because he is confined to a wheelchair and she was unsure if the lift at the Court House was working.

Drake said her client’s non-appearance in Court is not out of disrespect for the Court but for reasons she raised.

Steve Chan Chui who appeared for the Clerk of the Legislative Assembly also agreed it was a quasi-criminal case.

He said this was the reason why he asked his client to appear in Court.

Chief Justice Satiu Simativa Perese said because it a quasi-judicial matter he would grant leave for the non-appearance and will release the proper course for the proceeding later.

He adjourned the matter to 28 June for mention again, giving time to Dr. Harrison to make a submission on his opposition to the quasi-criminal matter.

The FAST lawyers are also ordered to provide particulars on the allegations levelled at the caretaker Prime Minister and the Attorney General.

The citation for contempt of Court mounted by FAST stemmed from a public statement made by Tuilaepa that allegedly undermined the Court and disobeying Court orders to convene parliament.

FAST is asking the Court to find Tuilaepa in contempt of court on grounds of “scandalising the Court and attempted and actual obstruction of the Court’s processes.”

According to a copy of the motion, FAST claims Tuilaepa “has repeatedly made contemptuous remarks in public statements attacking and seeking to undermine the independence and authority of the Court…”

Examples were drawn from articles published in the Samoa Observer titled “Court severely undermines constitution: Tuilaepa” dated 21 May 2021.

The Court of Appeal ruled that a minimum of 10 per cent provided for in the Constitution for women’s seats means 6 and not 5 women in Parliament.

According to the grounds of the motion it noted following the decision of the Court, Tuilaepa stated that “only unconstitutional things are about to happen” and that the Constitution has been “severely undermined”.

It further noted in respect of the 23 May decision of the Supreme Court in the matter between FAST versus Electoral Commissioner and others, Tuilaepa stated that “we know the Supreme Court decision was dishonest” and that the Court was “dirtying the name of the Office of the Head of State”.

“When, consequent on the 20 May proclamation of the Head of State, article 52 of the Constitution and the decisions of this Court of 17 and 23 May, the Judges of the Supreme Court attempted to attend the opening of Parliament,” the motion stated.

“The first respondent [Tuilaepa] asserted that that attendance was unlawful and showed that the “Supreme Court is aligning itself with” the first applicant [FAST]

“On 24 May, the first respondent asserted, despite the declarations of this Court and of the Court of Appeal in Electoral Commissioner & anor v Fa’atuatua i le Atua Samoa ua Tasi & anor, that “the court cannot tell us to do this and that”.

On the attempted and actual obstruction of the Court’s process citation, the caretaker Prime Minister is accused of failing to advise the Head of State in accordance with the decisions of the Court.

The contempt of court citation was filed by the FAST party and Prime Minister-elect, Fiame Naomi Mata’afa.

SOURCE: SAMOA OBSEVER/PACNEWS

New Vanuatu Police Commissioner appointed

Pita Ligaiula
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New Vanuatu Police Commissioner appointed

Vanuatu President Obed Moses Tallis, has appointed Colonel Robson Iavro as the Commissioner of Police. The instrument of appointment was signed by the President on 11 June.

Order No. 75 of 2021 stated that the President made the appointment in exercise of the powers given to him to undertake such task under the Police Act (CAP 105).

Colonel Iavro is a graduate from the New Zealand Army Officer Cadet School in the 1990s.

He then pursued further university studies for three years at the Laucala Campus in Suva, Fiji Islands where he graduated with a Bachelor of Management before embarking on a Master’s Degree program in Public Policy at the Australian National University.

On his return to Vanuatu from his studies he was posted to various senior appointments at the Vanuatu Police Force Headquarters and Vanuatu Mobile Force (VMF).

The new Police Commissioner was formerly the Director of the Police Training College and was also the Commander of VMF.

SOURCE: VANUATU DAILY POST/PACNEWS

Australian Defence Force to fund $175 million major upgrade for PNG’s naval base on Manus Island

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Australian Defence Force to fund $175 million major upgrade for PNG’s naval base on Manus Island

An Australian company has been awarded a multi-million-dollar contract to redevelop Papua New Guinea’s main naval base on Manus Island.

Clough was announced as the head contractor for the Lombrum Naval Base upgrade, which is expected to cost up to $175 million(US$134 million).

The head of Papua New Guinea’s Defence Force, Major General Gilbert Toropo, said the upgrade would significantly improve PNG’s maritime security capabilities.

“Redevelopment and rehabilitation of Lombrum Naval Base will really set the foundation for our effective maritime patrols,” he said.

Major General Toropo said China’s growing presence in the region presented “a challenge” for PNG.

“In the sense that when we don’t have an effective and strong security force element, then we are vulnerable to that country’s presence,” he said.

Construction was due to start this month, but Major General Toropo said COVID-19 had caused delays.

He said skilled technicians had been unable to travel to PNG from overseas and construction material supply chains had been disrupted.

About 20 U.S navy engineers involved in the project had also been evacuated from Manus due to an outbreak of the virus.

On Sunday, the province had recorded a total of 439 cases of the virus.

“It’s something we have no control over,” Major General Toropo said.

Meanwhile, locals in Manus are anxious for construction works to commence, saying they desperately need employment.

Bab Korup, who runs a popular community Facebook page, said the island’s economy was suffering enormously in the wake of Australia’s offshore processing regime.

Under Australia’s controversial immigration policy, more than a thousand refugees and asylum seekers were sent to regional processing centres on Manus Island, which were reopened in 2012.

But in late 2019, the processing centres on Manus were effectively closed and remaining refugees were transferred to PNG’s capital, Port Moresby.

Korup said about 3,000 locals employed through the processing centres had lost work as a result.

“Our economy is at its lowest point … there are no jobs on the island,” he said.

He called on Australia to create long-term employment opportunities on Manus and invest in schools and services.

“We’ve had an increase in lawlessness on the island because of frustration that our young people can find jobs,” he said.

“We’ve had an increase in domestic problems, because families can hardly keep the family unit together because of lack of cash problems.”

The Australian Defence Force (ADF) said the Lombrum Naval Base upgrade would create about 200 local jobs in Manus and 350 in total across PNG.

Market stallholder Veronica Puto said she welcomed the investment, hoping it would provide an economic boost.

Puto was subcontracted to supply food to the refugee processing centres but lost work when the centres closed.

“There is no cash flow in Manus,” she said.

She said jobs from the naval base upgrade must be distributed fairly across the community, and not given solely to landowners from the Lombrum area.

Major General Toropo said construction would begin “as quickly as possible” but did not set a firm date.

Construction company Clough also declined to comment, saying it did not have approval from the ADF to speak about the project.

Announced in 2018, the upgrade includes an extension of the current wharf facility, which was built by the U.S navy during World War II.

It also includes improvements to the island’s road and electricity network, and new accommodation and training facilities.

Major General Toropo said it would allow PNG to double the number of military personnel on Manus to 400.

The base will be owned and run by the PNGDF but Australian troops will also be able to use the facility for joint training exercises and mentoring programs.

Major General Toropo said Australia and PNG had a “strong” and “enduring” military partnership.

“If we have to prevent any illegal activities … I think it is that strong partnership that will ensure that our region is safe,” he said.

SOURCE: ABC/PACNEWS

PNG National Fisheries Authority ready to implement Pacific Marine Industrial Zone

Pita Ligaiula
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PNG National Fisheries Authority ready to implement Pacific Marine Industrial Zone

The Papua New Guinea Government is ready to implement the giant economic Pacific Marine Industrial Zone (PMIZ) Project that ‘will transform PNG as a coastal state to a fully-fledged fishing State.

Minister for Fisheries and Marine Resources Dr Lino Tom convened a meeting in Madang recently to present to the Treasury Department and the Madang Provincial Government the fisheries potential of the Pacific Marine Industrial Zone (PMIZ) Project

Tom said the Fisheries ministry and the NFA will look to work closely with Treasury on financing options and to fully take the opportunity for the people and country to reassert government’s emphasis to ‘Take Back Fisheries’ and contribute to a collective action from across all sectors to ‘Take Back PNG,’ in collaboration with all stakeholders concerned.

“PMIZ will contribute to developing a vibrant, broad base, and value- adding fisheries sector that will be globally competitive and domestically inclusive, providing revenue for the Government, wealth creation and food security for the people.

“This is a national project of paramount importance that will create jobs and growing our economy, this is regional project that positions us as a competitive regional hub and global leader in the tuna economy,” said Tom.

“The project has been challenged, delayed and unresolved for over 15 years.

“The recent NEC decision to have the PMIZ sit under the ambit of NFA so it can be brought back on track is well overdue but timely.

“The project requires a whole of government approach through collective political bureaucratic will, harmonised legislative frame and policy support, effective cooperation and operational efficiency.

It presents the opportunity now for the Marape-Basil Government to proceed with the implementation of the crucial project that was first mandated by Government in 2008.

“Work with us to get the PMIZ back on track and finally bring this momentous vision to life,” said Tom.

SOURCE: POST COURIER/PACNEWS

 

Vanuatu Education minister Seule Simeon resigns to become speaker

Pita Ligaiula
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Vanuatu Education minister Seule Simeon resigns to become speaker

The Vanuatu Parliament has elected Seule Simeon as the new speaker just hours after Gracia Shadrack resigned from the position.

To stand as candidate for speaker, Simeon resigned his education portfolio in the government led by Bob Loughman.

Simeon was elected with 32 votes against 16 votes for the opposition’s Ephraim Boereve.

Shadrack had been locked in a dispute with the government after he last week declared 19 seats vacant, including the one held by the prime minister.

Shadrack’s resignation came amid the hearing of a constitutional challenge over the government motion seeking to remove him.

Lawyers of both sides agreed with the decision for him to resign.

On Friday, the court is to hear the motion challenging Shadrack’s ruling that the 19 seats had become vacant.

If the government challenge fails, the 19 MPs will lose their seats, and a new government will have to be formed and a new speaker will have to be chosen.

SOURCE: RNZ PACIFIC/PACNEWS

Fiji records 116 new COVID-19 cases, one death confirmed

Pita Ligaiula
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Fiji records 116 new COVID-19 cases, one death confirmed

One death and a record 116 new cases of Covid-19 have been confirmed in Fiji.

The Health Ministry said Tuesday night a 73-year-old patient at the country’s main hospital in the capital Suva is the fifth person to die from the virus.
The staggering positive infections take the total number of active cases in isolation to 943.

The ministry said 93 of the new cases are linked to existing clusters: Caubati – 7; Nasinu Police Barracks – 24; Navy – 3; Colonial War Memorial Hospital (CWMH) – 14; Waila – 3; Sakoca – 5; Nawajikuma, Nawaka, Nadi – 2; Tramline, Nawaka, Nadi – 8; Muanikoso – 1; Reservoir Rd – 10; Navosai – 1; Nakasi – 1; Tacirua – 2; Grantham Rd – 2 and Vunimono – 10.

Health Permanent Secretary James Fong said three other cases had been identified as primary contacts of earlier cases, and the response teams were determining their cluster link.

Dr Fong said 13 cases from the following areas are also under investigation to determine whether they have links to other cases: Mead Road (two), Nasese (one), Princess Rd (one), Vatuwaqa (one), Veisari, Lami (one), Tovata in Makoi (one), Wailoku (one), Koronivia (two), Vanuadina Village, Nausori (one), Naduru, Nausori (one), Nausori Town (one).

“Investigations are also ongoing into three more people who were swabbed at the Valelevu and Raiwaqa screening clinics near the capital Suva.

“There are now also four cases in the Korovou area in Tailevu. Early investigations have revealed that one is a driver that was recruited into the Korovou Covid-19 response team.

“The other three cases are primary contacts of this driver – a relative and other members of the response team.

“Investigations are ongoing into how these cases contracted the virus, and the subdivisional medical team are working to contain this new cluster.”

Fong said the dead patient had been admitted to the CWM Hospital for almost a month for a severe non-Covid related illness and tested positive for the virus 11 days ago.

“Whilst his prognosis was poor, this death has been classified as a Covid-19 death by the doctors treating him. We extend our sincere condolences to the loved ones of the deceased.

“This is the third death during this current outbreak and the fifth Covid-19 death overall for Fiji.

Meanwhile, the Fijian Ministry of Transport has developed protocols to facilitate the travel between Viti Levu and maritime islands.

Permanent Secretary Shaheen Ali said the protocols need to be activated before preparations are finalised.

Ali said the red to green zone movement is complex and requirements increase as they will have to think about quarantine.

“For maritime islands, we have to consider quarantining in the place where people are wanting to go. If they are leaving from Suva, then we will have to think of a quarantine facility here rather in the island where there is less supervision from the Ministry of Health and resources.”

Ali said it’s a matter of getting the stakeholders together to ensure all the arrangements are on the ground.

He said they also need to ensure that people that are moving are registered and Fijians who need to relocate.

The Permanent Secretary has reiterated that the move is for permanent relocation only.

SOURCE: RNZ PACIFIC/FBC NEWS/PACNEWS

PNG records 63 new COVID-19 cases – total at 16,791

Pita Ligaiula
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Papua New Guinea recorded 63 new COVID-19 cases on Monday further increasing PNG’s total to 16,791 cases including 165 known deaths.

The new cases were reported in six provinces with Manus reporting the highest with 29 cases, followed by both Western Highlands and East New Britain with 12 cases each, Milne Bay reported eight, Hela and the NCD recorded one case each.

Police Commissioner and Controller of the PNG COVID-19 National Pandemic Response David Manning said six countries considered to be in the “high risk level” category appear to be amongst the first 10 countries with high frequency of travels into PNG.

They are the Philippines, China, Malaysia, the United States of America, India and Indonesia.

Manning said Australia has the highest number of travellers into PNG but is in the low risk level category whilst Singapore, which has the fourth highest number of travellers into PNG is among countries with medium risk level.

SOURCE: PNG GOVT/PACNEWS

Samoa’s FAST wins first disputed seat of April election

Pita Ligaiula
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Samoa’s FAST wins first disputed seat of April election

Former Associate Minister of Revenue, Sooalo Umi Mene was granted leave by the Supreme Court to withdraw his petition against FAST winner, Vaele Paiaaua Sekuini.

His lawyers Lucy Sio Ofoia and Arthur Lesa confirmed before the Court on Tuesday the application to withdraw and publication of intention to drop the electoral petition.

In response Vaele filed a motion to withdraw his counter petition and published his intention and reasons for his change of position.

He was represented by Leiataualesa Komisi Koria and Pose Toma.

Justice Niava Mata Tuatagaloa sitting with Justice Lesatele Rapi Vaai granted the application and struck out the petition and counter petition.

Each party has agreed to bear their own costs.

Sooalo was not present in the Court proceeding on Tuesday where the negotiation was settled.

The petition is the first to have been successfully withdrawn from the 28 electoral challenges that were filed following April’s General Election.

In his advertisement to withdraw the counter petition, Vaele noted it was for the best interest of the constituency.

Gagaifomauga No.2 covers: Samauga, Paia, Lefagaoali’i, Leagiagi, Matavai, Safune, Faletagaloa, and Fatuvalu.

The elected MP also said the move will save the Court’s time and resources with the parties agreeing to settle their legal dispute.

Prior to running for office, 56-year-old Vaele was a farmer and businessman.

He collected a total of 596 votes while the former Associate Minister collected 444 ballots.

Sooalo initially entered parliament in 2011 and defended his seat in 2016.

He is a member of the Human Rights Protection Party and was one of four candidates who contested under the ruling party’s banner in the race for the constituency’s seat.

Vaele is a first time politician and was the sole candidate flying the newcomer FAST’s party flag.

The other three candidates were Lepailetai Sifuiva Ngg Cho, only woman candidate Manuta Lavamaile Uesile and Peauala Titi Lamese.

SOURCE: SAMOA OBSERVER/PACNEWS

A New Zealand chapter of Greta Thunberg-linked climate movement disbands itself for being ‘racist’

Pita Ligaiula
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A New Zealand chapter of Greta Thunberg-linked climate movement disbands itself for being ‘racist’

In September 2019, the streets of Auckland, New Zealand were a sea of protesters.

Across the globe, several million people were marching as part of the “School Strike 4 Climate” youth movement sparked by Swedish teenager Greta Thunberg. But few demonstrations were more sweeping than the one in New Zealand’s largest city, where up to 80,000 marchers filled the streets.

Less than two years later, however, one of the groups that organised the Auckland event is disbanding because of what it says is its own racism.

In a Facebook post, School Strike 4 Climate’s Auckland chapter said it was shutting down because it “has been a racist, white-dominated space.” It directed people concerned about climate change to Indigenous-led groups and said it would not be organising any more climate strikes.

“SS4C AKL has avoided, ignored, and tokenised BIPOC voices and demands, especially those of Pasifika and Māori individuals in the climate activism space,” it wrote. BIPOC is the acronym for Black, Indigenous and people of color, while Pasifika refers to people who identify with the Pacific islands.

New Zealand’s School Strike 4 Climate movement was criticised in March 2019, when its first strike was scheduled during a festival for Pacific Islanders. “There was a growing perception that SS4C was just an extracurricular activity for upper-class [White] kids,” Stuff, a New Zealand news website, wrote earlier this year.

The Auckland chapter did not respond to a request for comment.

The announcement comes at a time of increased scrutiny on how ethnic minorities are treated within the climate activist movement. There was outrage last year when Ugandan environmentalist Vanessa Nakate was cropped out of a viral Associated Press photograph that also featured Thunberg and three other White activists. Worldwide protests against racial injustice after the death of George Floyd have deepened the debate.

In New Zealand, there have been growing calls to place people of colour — who are disproportionately affected by climate change — at the centre of the environmental movement.

“I really commend the School Strikers in Auckland for making this decision,” said Kera Sherwood-O’Regan of Sustained Ability, a group of disabled climate activists. “… There are many other youth- and non-youth-related organisations in the climate space that could benefit from similar conversations.”

But the chapter’s decision to disband also drew some criticism.

“This is identity politics gone mad,” one Auckland woman wrote in reaction to the Facebook post, in a comment that captured the reaction of many others. “Every action, every voice is needed and valid. Begging you as a mother not to stop.”

Some within New Zealand’s environmental movement also questioned the decision.

“It is sad, disappointing, and most especially divisive,” Mary Moeono-Kolio, the Wellington coordinator of 350 Pacific, told the Guardian. “The climate movement needs everyone’s involvement and commitment.”

Her message was echoed by Sophie Handford, one of the founders of School Strike in New Zealand.

“I’m a little concerned that this sends a message of division or that not everyone is needed,” Handford wrote in an emailed statement, adding that “there is a real need to cede space to Indigenous-led [policy] … and to transform the movement so that it can properly uphold the collective aspiration of climate justice.”

Sherwood-O’Regan, who is Maori and began her climate activism at age 13, said people should see the group’s disbanding as a chance to improve the environmental movement.

“You get into a cycle where front-line community groups are expected to spend all our time essentially making … White organisations less problematic rather than actually being able to do the critical work we need to do on the ground to stop climate change and to protect our communities,” she said.

SOURCE: WASHINGTON POST/PACNEWS

Amid dispute with government, Vanuatu speaker resigns

Pita Ligaiula
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Amid dispute with government, Vanuatu speaker resigns

The Speaker of Parliament of Vanuatu Gracia Shadrack has resigned today amid a dispute with the government of the prime minister Bob Loughman.

Last week, Shadrack declared the seats of the prime minister, the deputy prime minister and 16 other government MPs vacant for missing three sittings of parliament.

The government challenged the move and a hearing of its constitutional application was due today seeking his removal.

However, the hearing was cancelled after an agreement of the lawyers for both parties following the resignation of the speaker.

Parliament resume this afternoon for Shadrack to tender his resignation in the chamber.

SOURCE: RNZ PACIFIC/PACNEWS

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