Caption:
(L) Ombudsman Phoebe Sangetari, and Chief Ombudsman RigoLua displaying
the report
By MATTHEW VARI
Wednesday, June 4, 2014 (Midweek Chronicle, PNG)
The Ombudsman Commission presented to the Speaker of
Parliament its Final Report on the investigation is has conducted into the
Department of Lands and Physical Planning last week Tuesday.
The report highlights irregularities in the
Department’s licensing of the public institutional land known as Section 36
Allotment 1-6 and 21-26 Kimbe, West New Britain Province under special purpose
for commercial purpose.
Initially zoned as commercial land, the Kimbe Urban
Local Level Government (KULLG) applied to the Department of Lands to rezone it
to public institutional land to establish a market and a car park.
The National Physical Planning Board had approved
KULLG’s Planning Permission Application for the land to be rezoned from
commercial to public institutional land under special purpose (Market) for the
establishment of market and car park.
Chief Ombudsman RigoLua said, however, KULLG’s
Planning Permission Application had not been properly coordinated to go through
the established lease and the land allocation process to be granted the
Certificate Authorizing Occupancy (CAO) or Certificate of Title to develop the
land. Kimbe Urban Local Level Government developed the land without a CAO or a
Land Title.
“This led to the same piece of land being improperly
licensed to Solar Industries Limited, a private company, to do the feasibility
studies for a commercial purpose,” Chief Ombudsman Lua said.
“The concerned individuals and organisations in West
New Britain Province have raised the issue with the Department of Lands and
Physical Planning to correct its errors.”
“However, the Department had not made any attempt to
correct them.”
An investigation was conducted by the Commission and
its Final Report with recommendations presented to the Clerk of Parliament last
week to table in Parliament and Department of lands and Physical Planning’s
Implementation.
“The Speaker is required under Section 23(1) (d) of
the Organic Law on the Ombudsman Commission to present the report to Parliament
within eight sitting days of Parliament,” Lua said.
“The Ombudsman Commission is exercising its discretion
to publish this report under Section 23 of the Organic Law on the Ombudsman
Commission it considers that publication is in the public interest because its
findings and recommendations have application to a large number of government
agencies, and that the matters investigated have considerable media interest
and public debate.”
“The Ombudsman Commission in publishing this Final
Report informs all stakeholders that it is dedicated to serving the people and
government of Papua New Guinea as an independent institution that promotes good
governance and leadership in a fair and impartial manner.”
Ombudsman, Phoebe Sangetari, added that the report was
brought to their attention in 2006 by the concerned parties, with the latest
report being the second of investigations conducted into the Lands Department.
“Those named in the report are given the opportunity
to respond to the findings,” Sangetari said.
She elaborated that their investigations uncovered
that Lands had not complied with various processes, with senior officers within
the department using powers that were only vested in the minister responsible.
“Powers to exempt land at a deputy secretarial
positional level breaches the Land Act,” she said.
“Even a Lands Officer received payment for performing
his functions tofacilitate the lease, to the company stated.”
“That is not right- it is a breach of the public
service General Orders code of ethics.”
The Chief Ombudsman pointed out that queries related
to the availability of the report to the public should be directed to the
Speaker of Parliament.
“It is a constitutional duty that the Clerk and the
Speaker have, if they fail to table the report then that is misconduct,” he
concluded.
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