Tag Archives: PNGSDP

MRA is the real enemy within – it has no duty

James Wanjik  | Post Courier | 2 July 2019

THE Marape government wants to take back PNG. It is a very noble goal.

The issue is, where is PNG for it to be taken back?

Since May 30, when James Marape was voted in as prime minister of PNG we are yet to see what message PM Marape uttered that shows where PNG is.

Our leaders were too emotional to see the truth about a statutory body called Mineral Resources Authority (MRA).

In 2006 it was illegally set up. In 2007 it assumed all assets of former Department of Mining without any handover brief.

MRA’s first project was Solwara No 1 at Pacmanus basin within New Ireland. It had a peculiar condition for a mining lease. It’s first task was to develop technology and not mining. In one lease the MRA corrupted the purpose of mining lease and got the State of PNG to commit funds as a stakeholder.

Lies and deceit of MRA caused the Somare government in 2011. It was warned to remove MRA but it chose to keep it and got removed itself.

It was the same for the O’Neill government. When it tried to tame PNG Sustainable Development Program Ltd it was warned to remove MRA as soon as it could. It’s advisers did not listen. They caused O’Neill’s removal as PM though through resignation.

In 2009 the government was warned that PNG was on the MRA vehicle down the Zambian mining way.

If James Marape wants to take back PNG he must remove MRA to provide clear path to see way to taking back PNG. If he does not then he must be prepared to be embarrassed by MRA in any major forum.

MRA has no duty to the nation or her prime minister. It is answerable to the managing director who is above the MRA board. Also MRA has veto power over any new policy.

Prime Minister Marape has been warned in this letter to the editor. He will have no excuse if he does not act and MRA causes damage to, his leadership, the government, and the mining industry.

The prime minister is free to contact this writer on jameswanjik@gmail.com if he thinks he could be further enlightened.

We pray God may light and salt MRA darkness and bitterness for truth to set PNG free. In God we trust.

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Marape holds Singapore talks over PNG trust fund

Radio New Zealand | 19 June 2019 

Papua New Guinea’s prime minister has led a delegation to Singapore to find a way in to a trust fund the government has been locked out of.

In his first overseas trip since taking office last month, James Marape met with officials from the PNG Sustainable Development Program on Sunday.

The company manages about $US1.4 billion of assets through a long term fund which was set up to hold profits from the Ok Tedi copper mine in Western Province.

Since the government of Peter O’Neill expropriated the mine from the SDP in 2013, it had been in a protracted court fight to gain control of the long-term fund parked in Singapore.

Singapore’s High Court ruled against the government’s claim in April. Following this, and a change in government leadership, PNG’s new prime minister Mr Marape is seeking a different approach.

He said on Facebook the aim of his trip was to find common ground with the company managing the fund.

The prime minister was accompanied by MPs from Western Province whose constituents are intended to be direct beneficiaries of the SDP’s projects and long-term fund.

Mr O’Neill, who indicated that the government would appeal the Singapore court ruling, portrayed the government’s aim in the case as being to ensure the company’s funds were given to the people of Western Province.

It remains to be seen whether that appeal will proceed, with Mr Marape advocating a discourse-based approach to dealing with Sustainable Development Program.

The SDP was established in 2001 when BHP Billiton divested its majority share in the lucrative Ok Tedi copper mine in Western Province to SDP.

The divestment followed legal action by Western Province landowners over extensive and long lasting environmental damage caused by the mine operations, particularly its riverine tailings disposal system.

April’s court decision was welcomed by the four Western MPs, who said it would ensure SDP was protected from political interference and that its assets went to the people.

However, the money in the fund is intended to be disbursed by SDP within Western Province when the Ok Tedi mine closes. The mine is still operational.

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O’Neill’s lies show he still wants to get his tentacles on $1.4 billion

War of Words Over PNG SDP Gets Even Hotter

Mekere Morauta | April 25, 2019

The Member for Moresby North-West, Sir Mekere Morauta, said today that Peter O’Neill’s statement that BHP Billiton and I created PNGSDP as a private company with four shareholders, one of whom is me, is a deliberate lie manufactured by a man desperately trying to repair his public face following the comprehensive win by PNGSDP in the Singapore Supreme Court.

“Peter O’Neill also lied to the Singapore Court, through the State’s affidavit, saying he had a document giving the State the power to control PNGSDP,” Sir Mekere said. “He failed to produce the document as evidence to the Court, and the court decision exposed him as the liar he is 

“Why did he not produce such a document? Because no such document exists. He made it up, hoping this would convince the Singapore Court.”

“Why is he still lying? Because he wants to get his tentacles on the $1.4 billion in PNGSDP’s Long Term Fund.”

PNGSDP was established by the State of Papua New Guinea, BHP Billiton and Inmet, the shareholders of Ok Tedi Mining Ltd in 2000, to hold the BHP shareholding (then 52%) gifted by BHP.

The object of PNGSDP was to invest two-thirds of the future dividend flows from the shares into a Long Term Fund to be used after mine closure for sustainable development in Western Province. One-third of the dividend income was spent on development projects throughout the country, including Western Province.

PNGSDP was established as a not-for-profit company, limited by guarantee. It has no shareholders. In such company structures, used by charities, NGOs, sporting groups and other similar organisations, shareholders are replaced by members. I am a member of PNGSDP, not a shareholder.

Members do not derive any benefit from a limited guarantee company, as shareholders would from a limited liability company. The Program Rules, set jointly by the Government of PNG and BHP, prescribe that the benefits from PNGSDP flow only to PNG and Western Province.

Singapore documents purportedly showing I am a shareholder are pro-forma documents that do not provide for companies limited by guarantee. They do not provide for members instead of shareholders, as happens in many jurisdictions.

“The statement that I am a shareholder of PNGSDP is a naked, diabolical lie,” Sir Mekere said.

“Increasingly, it seems that the Prime Minister is fabricating stories to cover his own misdeeds. If he actually believes his own lies, we should all be worrying about not only his level of intelligence, but also his sanity.

“The man is not fit to be Papua New Guinea’s Prime Minister.

 “Peter O’Neill’s ceaseless attacks on PNGSDP and on me are due to his failure to gain access to the Long Term Fund – which is what he wants, desperately.

 “He was not satisfied with the extremely valuable shareholding PNGSDP had in Ok Tedi, which he expropriated in 2013. He also wants the Long Term Fund, which now stands at over $1.4 billion. He wants the lot.

 “I want to assure the people of Western Province that their money in the Long Term Fund is safe, and will continue to be safe, whilst it is managed by an independent PNGSDP. 

“It was my instruction to the advisory team when PNGSDP was established that the company was to be protected from political influence – from the tentacles of octopuses.

“The Singapore Court decision proved the independence of PNGSDP. I am proud that I led the fight and won it for the people of Western Province.”

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O’Neill Loses in High Stakes Battle for Control of US$1.4b PNGSDP

Papua New Guinea state fails to wrest control of US$1.4b stake in PNGSDP

K.C. Vijayan | The Straits Times | 5 April, 2019

The government of Papua New Guinea (PNG) has lost its protracted battle in the Singapore High Court to wrest control of an entity with assets worth about US$1.4 billion (S$1.8 billion) that were spawned from a deal inked with the “largest mining company in the world”.

Justice Vinodh Coomaraswamy has ruled in favour of PNG Sustainable Development Program (PNGSDP) company, saying the state of PNG had failed to prove it had a deal with PNGSDP’s co-founder BHP Minerals Holdings, for joint control to develop PNGSDP assets.

It also failed to prove that there was a charitable trust that allowed the state to intervene.

“I have found that neither the agreement nor the trust exists. The pleaded breaches of the agreement and the trust must correspondingly fail,” Justice Vinodh said in decision grounds on Tuesday.

The outcome means PNGSDP is free to carry out its objectives under the control of its independent board according to the 2001 contractual framework, without interference from the state.

Justice Vinodh, in his 149-page judgment, addressed each of the arguments made as he explained why the state had failed in its bid to wrest control of PNGSDP from its independent board.

“I acknowledge I found the state’s narrative compelling and its logic attractive. But the essential problem… is that this narrative stands alone and is unsupported by the evidence,” he said.

The court examined each key plank of the state’s case and found in addition that none of the state’s witnesses pointed to the existence of a partly oral agreement, much less to the terms of that agreement.

The court found that in the context of a “sovereign nation” and “the largest mining company in the world”, it was likely that the parties would have entered into written contracts “definitively and exhaustively setting out the precise terms actually agreed, instead of exposing their minds to the vagaries of memory and ambiguity inherent in a partly oral agreement”.

The high-stakes court battle involved law heavyweights on both sides. Defending PNGSDP was a team led by Senior Counsel Philip Jeyaretnam from Dentons Rodyk & Davidson while WongPartnership’s Senior Counsel Alvin Yeo led the team representing the PNG government.

PNGSDP was incorporated in Singapore in 2001 with two shareholders: the state of PNG and BHP Minerals Holdings and was meant to enable BHP to divest its shares in mining company Ok Tedi Mining to PNGSDP.

Both parties intended PNGSDP to hold BHP’s shares in Ok Tedi Mining and apply the derived income to promote sustainable development in PNG.

BHP owned 52 per cent and the state 20 per cent of the mine, which was rich in gold and copper and highly profitable.

The judge noted there were several reasons PNGSDP was incorporated in Singapore and these include its robust corporate governance regime.

In 2012 and 2013, PNGSDP made material changes to its corporate governance framework which diluted the state’s powers of control and oversight over the company.

The PNG government sued to reverse the changes.

It argued, among other things, that it would not have agreed to form PNGSDP if the company was free to cast off the state’s rights of control and oversight.

PNGSDP countered that the structure of the parties’ written agreement left no scope for such a critical aspect of PNGSDP’s corporate governance framework to be left “entirely undocumented in that suite of contracts and to be the subject of an oral agreement”.

It added that the common intention in PNGSDP’s formation was to eventually make it a self-run and self-perpetuating organisation and the changes made in 2012 and 2013 were the next step in effecting the common intention.

Justice Vinodh said the dispute is “about corporate governance of PNGSDP”.

He added: “For all the reasons set out, I hold the state fails entirely in its claim against PNGSDP. It is not entitled to the relief sought.”

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PNG government to sue BHP Billiton over alleged environmental damage

Children playing in tailings downstream from the Ok Tedi Mine in Papua New Guinea, 2009. (Brent Stirton/Getty Images)

ABC News | 11 April 2018

Papua New Guinea’s government says it will sue Australian mining giant BHP Billiton for alleged environmental damage in the Western Province when the company was operating the country’s largest copper mine in the 1990s.

It’s not the first time legal action has been touted.

In 2004, a massive law suit representing thousands of PNG landowners, was dropped after settlement was reached, which included compensation.

PNG’s Prime Minister Peter O’Neill says the government will also initiate an independent commission of inquiry into the PNG sustainable development program, which has been a subject of a court case in Singapore.

Former PNGSDP Chairman and Opposition member of Parliament Sir Mekere Morauta says Mr O’Neill doesn’t understand the purpose of the project.

Bethanie Harriman has the story: Listen Here 

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Commission Of Inquiry Into OK Tedi

The Ok Tedi river was destroyed by Australian miner BHP

A COMMISSION of inquiry into the OK Tedi issue, the environment damage and the establishment of the PNG Sustainable Development Program will be set up.

Prime Minister Peter O’Neill announced this in Parliament yesterday.

“Papua New Guineans deserve to know the truth, not just colouring of the truth so that it suits somebody’s interest, they deserve to know the truth and that’s why I have decided to establish a commission of inquiry,” he said.

Mr O’Neill said he would get an independent person, possibly an Australian judge, to carry out the investigation.

He also said the State had also engaged the biggest environmental law firm in Australia, Slater and Gordon, to review the case that was done by Rex Dagi so that the PNG Government itself takes out the court case against BHP.

“We have to sue this company for the substantial environmental damage they have caused to our people,” he said.

Mr O’Neill was answering questions from South Fly MP Sekie Agisa who, during Question Time, asked the PM what the government and OK Tedi were doing to mitigate the environment damage to Western Province.

Mr O’Neill said the issue about the environmental damage to Western Province has been well publicised, well debated and well documented.

“It is certainly a sad story which successive governments had no due care for the welfare of their own people and protected the interest of the big mining giants and was given protection in fact by legislations passed by this parliament,” he said.

He said the saga is continuing with the PNG Sustainable Development Program that was established as part of that compensation program by the then Morauta Government while giving indemnity and legislative protection to BHP.

“BHP walked away unchallenged for their responsibilities that they had to the people of Western Province on the massive environmental damage they have conducted while they were managing OK Tedi, that is a proven fact.

“I know that our people have now taken over the mine and I know there are certain improvements in the way they manage their waste in OK Tedi, but I feel that this is a question that still lingers in the mindset of our people,” he said.

He said PNGSDP is now subject to a court case in Singapore between the State and the directors of PNGSDP.

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O’Neill caught out telling lies over Ok Tedi Mine

Bryan Kramer MP | PNG Blogs | February 09, 2018 

Prime Minister Peter O’Neill was caught lying and misleading Parliament during question time when it resumed its first session in 2018 on Tuesday.

O’Neill was responding to a question raised by the Governor of Western Province, Toboi Yoto asking when his people would benefit from Oktedi Mine and when they would receive the share certificates.

Western Governor explained that since the O’Neill Government took over the mine in September 2013 it had failed to transfer the share certificates representing 33% interest in the mine to the Western Province people. Further, still, they had yet to receive their dividends.

In response, O’Neill claimed when his Government took over the mine from BHP, who at the time wanted to shut down the mine for not being profitable. He said the Government inherited a loss-making machine.

He confirmed his Government has yet to transfer 33% interest to the landowners, claiming it was because of stamp duties issue.

Member for Moresby North-West Sir Mekere Mortaua interjected with a point of order. Mekere a former PNG Sustainable Chairman told O’Neill to stop his incurable lies [about the mine]. There was never any plans to shut down the mine it was not making any loss but investing in further explorations, Sir Mereke said.

O’Neil responded telling Mekere that he was only trying to protect his legacy of providing immunity (protection) to BHP, the mines former developer who destroyed the lives and livelihood of the people through environmental damage.

“It was loss-making machine when we took it over but we had to restructure the mine during the drought and paid off all the employees making a profit,” he said (source post courier article – https://postcourier.com.pg/ok-tedi-issue-heats/)

It was at this point I then interjected asking the Speaker to advise the Prime Minister to stop lying and misleading parliament. As I had in front of me 2012 OkTedi Financial Report confirming the mine was, in fact, making a profit.

O’Neill responded I was a busybody from Madang on social media.

So was O’Neill lying when he claimed the Oktedi Mine was a loss-making machine before he took over it?

O’Neill took over the mine in 2013, so let’s review the mine’s profits four years before and four years after from when he took over it.

  • In 2009 net profit K1.5 Billion
  • In 2010 net profit 2.03 Billion
  • In 2011 net profit K1.2 Billion
  • In 2012 net profit of K913 million
  • In 2013 net profit of K181 million
  • In 2014 net profit of K360 million
  • In 2015 net loss of -K347 million
  • In 2016 net profit of K384 million

This confirms O’Neill was lying and misleading parliament.

What O’Neill failed to disclose that soon after taking over the mine companies he held a direct and indirect interest in where awarded substantial contracts to service the mine.

So perhaps he was referring to his own companies being a loss making machines until he took over the Mine and thereafter they started turning over million Kina profits.

It is not the first time O’Neill has unashamedly lied both on the floor of Parliament and in the public arena.

In the height of 2017 General Elections O’Neill made an announcement while on the campaign trail in Tari that his Government had made the decision to transfer the 4.27% Kroton shares to the PNG LNG landowners.

“Today I am announcing that the national government will transfer 25 per cent of Kroton shares, which is 4.2 percent indirect interest in the PNG LNG project,” he said.

“The shares to be transferred to landowners and provincial governments in Hela, Southern Highlands, Gulf, Western and Central province are valued at K3.5 billion,

“Our Government is providing 25 per cent of Kroton shares to landowners and beneficiary groups that should rightfully be receiving benefits from the PNG LNG project.

“These shares will enable the landowners and communities and the provinces to secure a better future and to be more self-sufficient.

“This Government has made it our business to correct bad decisions from the past, particularly when this relates to land ownership.

“I was not a signatory to the initial Umbrella Benefits Sharing Agreement in 2009, but I have made sure that our government does the right thing by our people today.

“This in the same spirit as the transfer of 17.4 percent of BCL shares to the landowners and people of Bougainville by the national government.”

“It is the same as the transfer of 33 per cent ownership in Ok Tedi” O’Neill said. (source https://www.thenational.com.pg/clans-promised-shares/)

So did O’Neill transfer the 4.27% of Kroton shares in the PNG LNG Project to the landowners? Did he transfer the 33 per cent ownership in the Oktedi mine to Western landowners?

The answer is NO.

Such statements maybe construed as undue influence (criminal offence under Section 102) When a person makes a false statement to induce a voter to vote in a particular way knowing the statement to be false.

This explains why O’Neill is commonly referred to as a Pathological Liar – defined as habitual or compulsive lying.

It is certainly embarrassing knowing such a person occupies the office of Prime Minister where his shrewd conduct and poor character reflects on our Nation of 8 million people.

Following the formation of the Government in August 2017 I asked members of the Opposition who previously served under O’Neill why they abandoned his Government – they responded because he was forever lying, making commitments or promises he would never honor. “We got tired of his lies and left” they said.

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