Opposition considers taking Government to court over alleged breaches to the Connect PNG program act
The lack of a trust fund set up to manage monies allocated under the Government's flagship billion kina Connect PNG Program, is alleged to be a breach of laws and illegal.
Connect PNG - a 20-year program aimed at linking the rural to urban centers of the country, has however been described as illegal due to its non-compliance with the Road Maintenance Fund Act 2020 and Connect PNG Implementation and Funding Act 2021 - two key laws enabling its existence.
Hiri Koiari MP Keith Iduhu on Wednesday queried in Parliament, saying that under these laws - a trust fund needs to be established and a board to manage funds under the program.
Prime Minister James Marape was asked to confirm if these were in place:
"There's a very serious breach of fundamental legislation. What that means is that this program is illegal, and it' being implemented illegally. Even though it's a good program, we have the rule of law, this is what holds this country together", Mr Iduhu said.
Mr Marape admitted to parliament, there is no board and trust fund and there is no need for one.
" That is no point for a trust account facility to be utilised. Every year we draw down from budget, I speak to you as former finance minister. The trust fund whether its established, that is something we will inform you, but every year, for instance this year, and there is no need to utilise trust facility in an operation here. Works Department has trust account facility, and I will get the Minister of Works to deliver his statement, we will get finance minister to call for an audit, every one of you welcome to participate in this audit that will take place", Mr Marape said.
The 2020-2024 road link program under law is supposed to expend a total of 20-billion kina within the duration of the program, with a K1 billion appropriation annually,
However, since the start of the program-the Government has confirmed K7 billion has already been spent to date.
The Opposition is considering the option of taking the government to court over alleged breaches to the Connect PNG Program act.
Leader Douglas Tomuriesa told a media conference on Wednesday after Parliament, this is in light of recent revelations of a lack of trust fund and board to oversee the program-already a breach of the Road Maintenance Fund Act 2020 and Connect PNG Implementation and Funding Act 2021.
"I will be seeking this caucus's views and the possibility of us taking the matter to court will be explored and after this we will be advising...because legally when you look at it, this parliament has approved the Connect PNG Act....The Honorable member for Hiri raised two points, those two points need to be answered because if those two points were answered as what the prime minister has stated today (Wednesday) we all know legally, this contracts that are let out to contractors are illegal", Mr Tomuriesa said.
The penalty for non-compliance with the Connect PNG Law is a fine not exceeding 100 thousand kina or a term not exceeding two years.