LEADERS IN PUBLIC OFFICE SHOULD VOLUNTARILY STEP DOWN OR STEP DOWN WHEN THEY ARE SUBJECTS OF ALLEGATIONS AND INVESTIGATIONS The Supreme Court of Papua New Guinea once said in its judgment in the case of Grand Chief Sir Michael Thomas Somare v. Chronox Manek (2011) SC1118 (Salika DCJ, Kirriwom and Kandakasi, JJ presiding) that: In developed democracies as in the case of England, Australia, New Zealand, the United States and elsewhere, people who hold public offices who become the subject of allegations and investigations for any misconduct in office, often almost readily either resign or step aside to allow for the investigations and the due process of the law to take its proper course. This they do out of respect for themselves and their integrity and the integrity of the office they hold and the institutions they are part of as well as respect for the due process of the law. This is most noble, respectful and a demonstration of true leadership in difficult times for the sake of good administration, governance and the greater interest of the nation. The tradition of voluntary stepping down in the light of allegations and accusations of misconduct in office or criminal conduct of a public office holder became part of PNGs democracies and tradition. At least two leaders as far as we are aware respectively resigned and stood down from office in such circumstances. The first leader was Opai Kunangil. What he did is recorded in the decision of this Court cited as SCR No 2 of 1982; Re Opai Kunangil Amin [1991] PNGLR 1. The leader was the subject of Ombudsman investigations and a decision in favor of a prima facie case of guilty of misconduct in office. That resulted in the leader being referred to the PP (Public Prosecutor) for prosecution under the OLDRL (Organic Law on Duties and Responsibilities of a Leadership)... The other leader was Sir Julius Chan who decided to step down as Prime Minister during the Sandline crisis. That was a public and national even. It attracted both national and international interest and attention through all forms of media...The fact of Sir Julius Chans steeping aside, at least calmed down a lot of anger, frustration and public anxiety. Since then up to this point, it is unfortunately fast becoming the norm for most leaders in PNG who are the subject of allegations and investigations for misconduct in office and or criminal offences to continue to occupy their respective offices and continue to function and are readily applying for stay or injunctive orders. Some of them are even interfering into the proper conduct of investigations and proper conclusions of such investigations. Others are doing everything they possibly can to remain in office, continue to function and in most instances are either committing more misconduct in office from tempering with evidence, interfering with witnesses, swindling of funds or otherwise seriously abusing their powers knowing that, they may not last long in those offices...
Posted on: Sat, 18 Jan 2014 02:48:32 +0000
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