The Unconstitutional Blame Game

People blame the Supreme Court, by ordering that Sir Mike "is restored forthwith", for this Constitutional mess. I disagree...

Apart from being concerned about the Constitution, as a officer of the court, I believe it's my duty to correct a negative perception towards the court, which has unfortunately been expounded by fellow officers of the court...

You see folks, SC has a duty to the dispensation of justice and to provide clarity where there is obviously an area of uncertainty. And to avoid confusion.

Let me ask us all this: WHAT IF SC HAD NOT MADE SUCH AN ORDER? Would we still have this fiasco?? My answer:

YES!!!

You see if SC said "no vacancy" and left it there. ALL PARTIES will say... "NOW WHAT??"

Then Tiff and co would advise ONamah while Kua and co would advise Team Somare on next moves...thus ordinary lawyers would play "higher court" in interpreting and applying the decision of the Supreme Court...and the Constitution...

Sir Mike would say "well then I'm still PM!" and would run off to get his cabinet sworn in. ONamah would rush to Parliament to vote ONeil back in, and hold the fort till they get what they want...

Aha! But isn't that EXACTLY what happened?!

You see folks. Read the judgments. Not just the SCR 2011 but previous SCR matters. The court is allowed to make declaratory orders to avoid further confusion (that may arise out of its initial interpretation of the Constitution), in order that justice is done and the nation doesn't get thrown into further chaos. Also that the parties would know what to do about a particular case (I.e if the matter related to a particular case).

So when SC said "no vacancy"; in order to avoid the "now what?" moment, it invoked it's inherent powers to make further declaratory order so that parties know what the SPECIFIC CONSEQUENCE of its ruling is. Ergo, for clarity sake it said "Somare is still the legal PM" (restored forthwith)...a very NATURAL, LEGAL EFFECT of the "no vacancy" order.

Now please don't believe the lies that the Court cannot issue an order for Parliament. That's not what happened in this case. But it has happened before when Sir Paulias' re-election as GG was declared invalid. The Court told Speaker (Acting) to recall parliament ASAP to vote a GG because there was no GG. In giving that order the actual words were "in view of a vacancy". In this case there was no vacancy that required court to send the question back to Parliament to settle. It just declared WHAT IS.

(Please remember it was a DECLARATORY ORDER. Not a substantial order. As in like "I now appoint/re-instate Sir Mike as PM". Which is what current ONamah advocates are saying the court did! It was declaring what the legal effect of the Constitution was in the case before it. Every lawyer (well maybe not every) knows that Constitutional laws speak "from time to time" and are "self-executing". How? Through its letter and application by an authorized person (e.g EC) and, where there's confusion, through the courts when they interpret the law.

So the self-executing Constitution said "Somare is still PM"...savvy? Now it's up to the parties to respect the ruling of the court which is the MOUTH-PIECE of the Constitution at any given time. Especially when there's a major confusion.

If the 2011 SC said "no vacancy" and left it to our own pollies to sort out what comes next, we'd still have EXACTLY THE SAME MESS (starting with ONamah and Somare running in opposite directions)...or worse! And the
Court would have definitely failed us and failed itself.

If it said "no vacancy" and then ordered Parliament to go back to sort it out, it would have contradicted itself, making a mockery of itself. How can you say there was no vacancy (which would mean there STILL ISN'T) but then say "oh but please go ahead and elect someone"...the seat isn't empty! So it can't be refilled!

So it made the most logical and reasonable declaration it could under the Constitution. Obviously, one party didn't like it....

Folks, the rule of law, and justice, demand there law has a certain degree of CERTAINTY to it. That is, it should not be such that ordinary people cannot "TRUST THE LAW". And it must be clearly applied and clearly articulated. Leaving it open to people's own devices is dangerous (as we have only recently witnessed). So the court, as a responsible custodian and dispenser of justice, mandated by the People of PNG through the Constitution, tried to prevent such uncertainty with an explicit order as to who is the proper Constitutionally-correct PM...

You see folks the reason we're in this mess is that ONamah REFUSED to SUBMIT to the NATURAL effect of the Constitution (as interpreted by the SC).

NOT because SC "appointed" or "reinstated" Somare. Coz it didn't! It ensured there was a clear outcome to it's decision.

IT'S NOT THE COURT'S FAULT WE'RE IN THIS MESS...it's people's egos...

Luv ya

Tokaut tokstret...

(PS: I'll try deal with those retrospective laws, including withdrawing the leave grant, later)


Sent from R&G's iPhone

Take Heart PNG

Evil schemers beware:

"Psalm 64:1-10 (NIV)
Hear me, O God, as I voice my complaint; protect my life from the threat of the enemy. [2] Hide me from the conspiracy of the wicked, from that noisy crowd of evildoers. [3] They sharpen their tongues like swords and aim their words like deadly arrows. [4] They shoot from ambush at the innocent man; they shoot at him suddenly, without fear. [5] They encourage each other in evil plans, they talk about hiding their snares; they say, "Who will see them ?" [6] They plot injustice and say, "We have devised a perfect plan!" Surely the mind and heart of man are cunning. [7] But God will shoot them with arrows; suddenly they will be struck down. [8] He will turn their own tongues against them and bring them to ruin; all who see them will shake their heads in scorn. [9] All mankind will fear; they will proclaim the works of God and ponder what he has done. [10] Let the righteous rejoice in the Lord and take refuge in him; let all the upright in heart praise him!"

Heavenise day bookworms!

G

Sent from R&G's iPhone

FEW GOOD MEN

Where Are the Few Good Men?
By GDW

I'm hearing again all the talk bout electing good leaders and I can't help but feel a tad bit deflated knowing and watching the trend thus far.

Come every election time we talk about voting "good leaders" into Parliament. For the good of our country. For the now and the future. But history (recent history especially) has shown that "good man" (can't say women) do not stay that way...they let us down. They're not consistent over the whole term. I'm not saying I'd like them to be perfect. But at least consistently "good" would be good.

I dream of leaders who speak of a commitment to a cause and a principle greater than themselves. A dedication to the nation based on truth, justice righteousness, and Godly wisdom. Leaders who have a steady walk that demonstrates that which he espouses.

Where are they? What happened to those who showed much promise early in the term? Leaders who gave us hope that even in this term a shining star can emerge, whose light will stay bright as long as we needed it to be.

What happened to their consciences? What happened to that light? How could it have been doused so easily in a few short months? We certainly believed they would withstand the temptations of greed, power and convenience that were the downfall of many others that we perceived as weak unleader-like leaders. These ones would be different. They would choose rightly and wisely when they reached such crossroads in their journey. Yet here we are: bitterly disappointed with the "few good men."

We resort to our regular excuses such as "it's politics, it's a dirty game", etc. But can't one be in that place and BE DIFFERENT NEVERTHELESS? Can one commit to a cause that could bring himself some suffering and loss, and still stay committed? Does not the word sacrifice ring in their ears when they consider their options?

We'd like them to be men/women of principle...not convenience. Is that too much to ask? Is there No One out there who can stand on those good principles he believed in before he became an MP?

With this cloud hanging over my head, I consider my and my people's options. Many good men and women will put their hands up to be considered. We've seen many demonstrate their strong respectable traits in current/former fields.

But how much trust can we place on these people? Will they succumb to the natural pressures/hazards that accompany the life of a politician? Or will they be steadfast, grounded-on-rock kind of leaders that deserve not just our trust now but a sustenance of that trust.

The worst thing these former good men have done is destroy the trust and confidence, and hope, people (or maybe just me) would otherwise have had when considering a fresh "good man". Because we have to immediately hold back and doubt that the new "good men" will stay good.

Oh, I'd give anything to look ahead and warn the people about the kind of men we shall select. I'd love to be able to say "this man won't be like this for
long", "he'll disappoint us." or "this guy will stay true, he's worth your vote."

The Ombudsman Commission is going on a nationwide spree teaching people how to identify a good leader. But the trend shows that those traits, even though well-identified in people, may not last long. So people's genuine trust can be betrayed even by the men that meet those standards now.

For those who will be standing: What drives you? What makes you want to enter a place that is now generally perceived by people as a place of scum, a house of horrors? Why would you want to risk your reputation and join the ranks of "clowns", "power-mongers", "greedy-pigs", "forked-tongued, sweet-Talkers", "yo-yos", etc. Why?

Check your motives? Do you have a sense of dignity that will make you WANT to reject the lulls that accompany the office? Your sense of dignity-your self-worth, will protect you against insecurities that'll rock the core of who you are. If you're driven by a pure motive, and have a sense of dignity that keeps your head above water, then you just might be cut out for this job. But if not, forget it.

IF YOU CAN'T STAND, DON'T RUN!

I hope for good men and women come this GE, only because I have no choice. I...We...HAVE TO HOPE. We have to believe that the fresh good men that we elect this time around will not relent in their commitment to good principles, and Godly wisdom. We can't afford to allow our hopes to be dashed by the few "good" men who have let us down.

Anyway...

God Bless PNG

Heavenise day!

Ganjiki

Patriotism Beyond the Storm

"Patriotism...is not short frenzied outbursts of emotion...but the steady and tranquil dedication of a lifetime"
~Adlai Stevenson

At the end of all the hype, after we've fought for our Mama Lo, and successfully restored order to our country, let's keep on being patriots in the simple and small things we do.

Let's keep from littering and spitting on our streets, let's honor our country in our daily service, speak the truth reject the lies, put aside greed, let's be true to our word, respect each other, setting aside our prejudice and petty differences.

Great things come in small packages.

Change Starts With Me

PPNG INC

A Parable of Two Evils

From the archives. Decipher this if you can:

PARABLE FOR THE TIMES

There was once two brothers who grew up together. They became hard-core crooks and did every evil thing under the sun. Suddenly one of them died.

In organising the funeral the surviving brother asked a preacher to
conduct the funeral. The preacher was reluctant knowing how evil the
deceased had been. The surviving brother pled with him promising to pay
him anything. He told the preacher he'd pay a large sum of money, just as
long as the preacher referred to his deceased brother as a "saint". He was
entitled to call the brother whatever he wanted so long as he referred to
him as a saint. The preacher found this odd but after some more pleading
by the surviving brother he agreed to conduct the funeral.

At the funeral when the preacher stood up to describe the deceased, he spoke the truth about him. "This man who lies here was a criminal of the worst kind. He committed every debauched sin under the sun and was as evil as evil could get." And he continued with his description of the evilness of the
deceased.

Then he added. "But compared to his brother, he was a saint!"

Get it???

Heavenise day!

Ganjiki
(7/04/12)

What's so Good about Good Friday!?

Happy Easter folks.

While the latest twists in our nation makes us a bit unhappy, there's no doubt that in the eternal scheme of things we have a lot to be happy for.

This weekend we remember the Greatest act of love ever demonstrated: A Holy God let's His HOLY INNOCENT Son die a cruel death ON BEHALF OF an unholy, sinful and rebellious people. To redeem them and clothe them with righteousness so they can be in the presence of the Father as if they were Holy....

When He hung on that cross He didn't see a faceless mass of humanity, He saw you. He saw me. It was personal. He saw the sins we'd commit and He still cried out to His Father, "Forgive them, for they know not what they do."

Sometimes we (I know I do) feel that there are some people who do not deserve such grace. At this time our pollies would be in that category. But here's a hard truth, that same God who loves Mother Teresa, also loves the serial killer and the mad corrupt politician. We're all in the same basket of people who "crucify" the Lord with our continuous sinning. Yet His Grace is sufficient for EVERY ONE of us... He forgives us EVERY DAY for EVERY SINGLE SIN, in deed or thought.

I know I have offended people and said ugly things about people. And I've done wrong things. I'm thankful that I'm forgiven... And i hope the people I offend find it in their hearts to forgive me. And I need to repent and reconcile with God each day. But there are people out there who don't know Him and His love and forgiveness. If you haven't all you need to do is open your heart and receive that forgiveness.

Easter was a terrible time for our Lord, but it is a Glorious time for all of us. Our sins were paid for, our redemption settled, eternal homes prepared. All we have to do is reach out and receive...in faith.

So folks, the greatest story, as told in the greatest Book, stands out as a beacon of hope, in trying times. When our anger rises and we see around us justified causes to be angry with others, remember that the ONE PERSON who truly deserves to be angry, entitled to not forgive, did indeed forgive...not only that, He paid the price for redemption. And if HE forgives and lets go, who are we to hate, and be angry.

So I choose to forgive those who have done wrong to me and my country. Having said that let me say that I find that things need to be corrected and so will fervently fight for justice and righteousness to be restored. But I do so with a new perspective.

May God remind us all of how good this Good Friday is. And how great the Easter Story is...

Let us pray that God will, restore our country in justice, and restore it's integrity and dignity. And if he let's work with Him to answer those same prayers.

God bless Papua new Guinea

Heavenise weekend...

Ganjiki
(6/04/12)

Sent from R&G's iPhone

Nuggets From Nehemiah: Vision, Passion, Unity, Wisdom

Nuggets From Nehemiah

By GDW

 

Nehemiah spent record time re-building the crumbled walls of Jerusalem. In 52 days he and his people rebuilt the wall! A feat we could not achieve today even with our superior technology if we tried to build a wall around little Ensisi Valley. How did he do it??

 

1. He prayed to God who answered

2. He united the people with a single vision

3. His passion translated to the people

4. Amazing strategic wisdom (which he constantly prayed for)

 

Everyone got in on the act. Fathers, mothers, sons and daughters, merchants, smiths, clergy. Chapter 3 of Nehemiah describes the people lined up "next to" each other. Yes Chapter 3 is litter with the phrase "next to". People were so convinced of the "national vision", filled with the passion that Nehemiah himself had, and would most likely have developed the prayer life that he himself practised.

 

So with God on their side, a common vision to drive them, and passion that quenched their fears and doubts, the people worked TOGETHER, "UNITED AS ONE NATION". And with the synergy that resulted, such an impossible feat became possible...it became an accomplishment

 

What unites us PNG? Where is the passion of the leaders? Does it translate to the people? Are we really working "next to" each other to effect change?

 

We have become a nation of a thousand DIFFERENT DIRECTIONS, CONFLICTING WISDOMS, and dare I say, WEAK PRAYER life...Resulting in us heading a thousand different directions a thousand miles an hour...and ending up going nowhere.

 

From whence shall the Nehemiahs of our nation come? Who shall unite a divided people? Shall we wait for a common calamity? A common enemy?

 

Or should we look at ourselves, find the enemy within ourselves, defeat it with justice and righteousness and CHANGE for the better?

 

I'm all for THAT!

 

God Bless PNG

Ganjiki

"INSPIRING PASSION"

 

http://ppngtokauttokstret.blogspot.com/