UNENFORCEABLE LAWS ARE BAD LAWS

"Without prejudice"

by The Patriot

Transformation PNG WhatsApp Post

Port Moresby

30th March, 2025

The Marape-Rosso government and Parliament passed a new Counter Terrorism Act 2025 to combat infernal terrorism during early March sitting of Parliament.

It is, in my unlearned and simple opinion, one of the most dangerous laws ever passed by any parliament since independence. It is a draconian, dictatorial and unconstitutional law that consolidates so much power in the hands of a police commissioner allowing the commissioner and his appointees to arbitrarily nullify the Constitutional Rights of any resident of PNG. And then immunizes the commissioner and his appointees from any legal recourse.

Why has no legal practitioner, NGO or human rights organisation sought a Supreme Court review?

We do not need new laws in PNG. The lawlessness in the country is not from any lack of laws. There are more than sufficient laws ranging from the Criminal Code to the Summary Offences Act and everything else in between to address this rampaging lawlessness in PNG society.

The reasons why there is lawlessness in PNG is because:

• Firstly the economy is diving into a bottomless pit.

  
  

• Secondly there is a chronic lack of law enforcement capability and capacity that has been allowed to compound over the 7 years due to the very poor and bad management of David Manning.

  
  

• Third is the lack of employment opportunities a direct result of the state of the economy.

  
  

• Fourth is the blatant and clear manipulation of the governing system to legalise the theft or public funds by those in public offices with impunity which reduces the money available for basic services leading to loss of confidence.

  
  

• The fifth is the systematic castration, undermining and destruction of all law enforcement agencies by all means ranging from appointing unsuitable heads to changing legislation that empowers them to defunding them. All applied singly or in some combination but with full intent to destroy them.

  
  

  

  
  

While PM Marape may be unhappy about the manner in which the recent shut down of Facebook in PNG by both the police minister and police commissioner, what has he done about it?

Has he accepted Manning’s clearly false statement? A counter terrorism operation that no one else knew about? What counter terrorism operation was he referring to? What were the terrorists planning? Who or what were the targets? Where is the evidence of their intent? Where the perpetrators who he claimed were actually arrested? What were they charged with? Were other agencies like the NIO or Military Intelligence or the AFP involved in this operation?

It is a clear and undeniable fact that Police Commissioner David Manning is the most non-performing, incompetent, unprofessional, unqualified police commissioner ever in the history of PNG or the entire Southern Hemisphere. He also holds the distinction of being the only police commissioner in the Southern Hemisphere to still be in the position with several criminal allegations brought against him. Why is he still in office? How does that reflect on PNG?

The failure to acknowledge and accept that police operations are grounding to a halt because of poor management, limited manpower, poor resources, insufficient support and financial corruption is a major contributor to crime. What have these got to do with terrorism?

Why is PM Marape persistently refusing to appoint a qualified, credible, competent and professional police officer to revive the police force? Any organisation is only as good as its management. And the current RPNGC is proof of this.

I would not be surprised if some departmental heads hold him in utter contempt for many reasons but primarily because they know that he is utterly unqualified for his position by any standard.

PNG knows how much money has been poured into the RPNGC year in and year out with no tangible results ever since Manning became Commissioner. How have you ensured that these were used to increase the efficiency and effectiveness of the RPNGC? Do you listen to ACPs, PPCs and PSCs on the ground to ascertain if they are being supported by police headquarters?

Will you ever direct a financial audit of the RPNGC? Will you ever direct an external assessment of the RPNGC senior management against their KPIs? That should help you decide on competency and assist you justify any decision to retain or release them.

How will this new law assist police do their jobs when they are clearly incapable or enforcing it and those they are currently attempting to enforce? Will you now send Commissioner Manning to Hela and Enga to strategise the implementation of the new law against those committing heinous crimes there that threaten the economy of the nation?

What actions have the Commissioner taken to support the SOE operations in Enga using the Counter Terrorism Act? Has this Commissioner actually used his office and organisation to support SOE operations?

There is no logic and rational behind passing laws that are unnecessary, unenforceable and impossible to implement. Especially when capacity and capability are clearly not present in terms of both resources and management.

Prime Minister. Your nicely worded statements do not addresses the root causes of lawlessness that is affecting the people every single day. Passing and unnecessary law that is un-implementable because the implementing agency, the Police Force, is incapable is simply not good management and not good sense.

Your best move to restore confidence in the nation and the economy and to strengthen the rule of law is to simply sack the police commissioner for gross incompetence. Get new management into the RPNGC to revive the organisation and build credible capability and capacity. Only then will we know that you are truly serious about addressing the law and order issues in PNG. Everything else without this is simply hot air and window dressing.

Remember:

• UNENFORCEABLE LAWS ARE NOT GOOD LAWS!

• INCOMPETENT, UNQUALIFIED AND UNPROFESSIONAL PEOPLE DO NOT MAKE GOOD MANAGERS!

The Police Force needs a new commissioner who will do a Hard Reset.

For God and Country!