By:
DAVIDSON HAUVARI,
KINGSFORD ANDOGA
& DOUGLAS GOWAREWe the people of Ora Province, particularly from the Sohe Electorate who have supported and voted for Governor Gary Juffa have completely lost faith, respect and trust in his leadership, which has been marred by deception and contradictions. The custodial and leadership hopes we had of Governor Juffa has materialized into a leadership nightmare following stunning revelations of his conduct in Office as a leader over the last 17 months.
His actions and conduct while in Office in ·the last 17 months have grossly breached 6 main provisions of the Leadership Code provided under Section 27 of the Constitution of Papua New Guinea and we would like to register this formal complain with your good office the Ombudsman Commission of Papua New Guinea to investigate and recommend appropriate measures within your powers as this is unbecoming of a leader.
ORGANIC LAW ON THE DUTIES AND RESPONSIBILITIES OF LEADERSHIP A. "LEADERS MUST NOT USE THEIR OFFICIAL POSITION TO BENEFIT THEMSELVES PERSONALLY OR THEIR FAMILIES. FRIENDS OR ASSOCIATES"Al. Whilst Governor Juffa was the Commissioner of Customs prior to his resignation to contest the 2012 General Election had craftily signed the Terms of Reference for the Memorandum of Understanding (MoU) to be executed between PNG Customs Services, LNG PNG and PNG Projects Services Limited (a company owned bv Governor Gary luffa's· wife Ms Amanda ManelickSprang and two other director. one from the United States of America and the other from Singapore). This MoU has allowed PNG Project Services Ltd to illegally take over the Post Clearance Audit (PCA) function from the PNG Customs Office specifically for the .Jucrative PNG LNG cargos.
A2. Under the PNG Customs Laws and Regulations, PCA ensures due diligence in compliance and assists firms with large imports selfassess to attain accuracy and efficiency with lodgments in the long term. Together with similar mandatory functions, no entity under any MoU or MoA- not provided under the PNG Customs Act and Regulation can replace PNG Customs Services as these functions are retained by the Independent State of PNG as its revenue generating activity.
A3. PNG Customs Services has ILLEGALLY paid millions of kina to PNG Project Services Ltd, the monies it has collected as Government Revenue WITHOUT lawful appropriation from the National Parliament Budgetary process. Until just a few years back, PNG Customs Services was performing this function quite prudently generating income for the State as well as assisting large firms develop accuracy in self-assessments of imports. This highly questionable arrangement by Governor Juffa replacing PNG Customs Services for the multi-billion dollar PNG LNG cargos and all related contractors cargos had diverted State Revenues derived from PCA, to Governor Juffa's wife and her associates through PNG Project Services Ltd.
A4. Although Governor Juffa is not a Director or Shareholder in PNG Projects Services Ltd he is cited in two instances as having significant and or direct interests in PNG Project Services Ltd. Firstly, knowing well it was against the Duties and Responsibilities of a Leader and a breach of the Leadership Code, he negligently facilitated his wife to obtain the PCA Contract while he was in the position of influence. Governor Juffa benefits from the said Customs Contract by living with his wife in a downtown Port Moresby apartment managed by DAC Real Estate costing over K70,000.00 per month paid by PNG Projects Services Ltd.
AS Governor Juffa's despicable travel bills have all been taken care of by PNG Projects Services Ltd, given that there are no records of Oro Provincial Government paying for these trips. We are also aware that Governor Juffa had not declared any other forms of income or interest in any other businesses to the Ombudsman Commission of PNG, which could support these lavish lifestyles.
A6 We also seek the Ombudsman Commission to investigate the PNG Project Services Ltd Account held with the ANZ Bank of PNG in Port Mores by as. we are reliably informed, there are several standing orders instructing the bank which has transferred substantial amount of monies (State Revenue) to the United States of America and other destinations including Samoa. The beneficiary of the funds transferred to Samoa is the other wife of Governor juffa who was also looking after his two children from his first marriage.
The transaction report with the ANZ Bank in Port Moresby shows his Samoan wife's details. Essentially, his Samoan wife and his other Children from his previous marriage benefit from the proceeds of the said MoU between PNG Customs Services, PNG Projects Services Ltd, and the PNG LNG Project. Spouses and children benefiting from such devious scheme, is totally inexcusable as a major breach of the Leadership Code.
"WE BELIEVE SIPHONING OF FUNDS AS SUCH IS A CRIME AND SO UNDER THE PROCEEDS OF CRIMES CRIME ACT THEY SHOULD BE RECOLLECTEDAND RETURNED TO THE STATE. IF SIR FREDRIC CAN, RETURN THE MONEY FOR THE PURPORTED PUBLIC SERVICE HOUSING SCHEME, WHY CAN'T THE SAME APPLY TO PNG PROJECT SERVICES LTD?"THE INTEGRITY OF THE GOVERNMENT OF PAPUA NEW GUINEA MUST. BE PRESERVED AT ALL TIMES. NO ACT OF A LEADER SHOULD ENDANGER OR DIMINISH RESPECT FOR AND CONFIDENCE IN THE INTEGRITY OF GOVERNMENTWe also seek the Ombudsman Commission's interpretation of Governor Juffa's high propensity to travel overseas, far more than the Prime Minister, Foreign Minister and other Government Officials. He has demonstrated blatant disrespect on the directives issued by the Prime Minister banning all travel unless the Ombudsman or the Prime Minister had sanctioned the reasons. THIS CERTAILY APPEARS TO BE A BREACH OF THE LEADERSHIP CODE AND MISCONDUCT'IN OFFICE,
This shocking trend has, never been seen before in any leader of Papua New Guinea, prior to and after independence, which we believe is a matter of interest for the PNG Ombudsman Commission. Attached is a schedule of Governor Juffa'a travel in the last 17 months with questions and issues raised to the, the Ombudsman Commissioner:
B1 In July 2012 after his declaration as Governor for Oro Province, Governor Juffa started travelling overseas for almost every remaining months of the year 2012 until December. The schedule shows instances where the Governor would travel twice in a month.
B2 In 2013 the Governor also travelled the entire months from January to December. As he did in 2012 he would travel twice a month.
B3 It is shocking that in just over 1 year Governor Juffa was absent from Oro Province and PNG for almost 200 days. Was the PNG Ombudsman Commission duly informed by the Governor for all his, overseas trip and did the Commission clear his travel whether business or private?
B4 We are reliably informed that all these trips are paid first class, and therefore taking into account the living expenses, travel insurance and ·incidentals we estimate that total costs exceeded K500,000.00. It is further confirmed that these costs are not, incurred by the Oro Provincial Government or other businesses as declared in the Annual Income Statement to the Ombudsman Commission by the Governor. Is the Ombudsman Commission duly informed how and who pays for all these costs?
B5 For all these 200 plus days Governor Juffa travelled and stayed overseas, did he inform the Commission why he was travelling and where was he going?
B6 Is it proper for a leader especially Governor )uffa to be in the Province for
48 DAYS ONLY OUT OF 464 days where he spent
240 DAYS IN PORT MORESBY AND OVER 200 DAYS OVERSEAS? In 464 (17 months) can the Ombudsman Commission of PNG fathom that Governor Juffa spent only 48 days in Oro Province?
B7 Is it a prosecutable offence under the LEADERSHIP CODE that Governor Juffa illegally awarded a Customs Contract to his wife and associates under PNG Project Services Ltd while he was Commissioner of Customs covered under the Leadership Code? Is it also a prosecutable office that Governor Juffa spends almost 200 days overseas benefiting from all that illegal proceeds while spending only 48 days in the last 17 months after elections in the Oro Province?
B8 Is it a criminal offence that INCOME OF THE STATE without lawful appropriation has been siphoned through this MoU that is not provided under the Customs Laws and Regulations of the Independent State of PNG? If the siphoning of State Revenue is a prosecutable offence, can theProceeds of Crime Act be applicable in this instance to recover State Revenue ILLEGALLY PAID so far to PNG Projects Services Ltd?
C. "LEADERS MUST NEVER ALLOW THEIR INTEGRITY TO BE CALLED INTO QUESTION"Cl We further request the Ombudsman Commission to investigate Governor Juffa's employment of his cousin brother a Mr Philip Embahe as his Executive Officer. First and foremost Mr Embahe is a grade 10 or thereabouts drop out and has never went on to year 11 and 12 in a National High School or even matriculated in a recognized institution. He has no tertiary or university level education and equally no work experience in Government or Public Service environment.
C2 Mr Embahe was employed by Governor Juffa directly from the prison in Bomana, in the National Capital District where he was remanded in custody for shooting at two detectives of the Royal PNG Constabulary. The Policeman were pursuing an armed robbery when Mr Embahe who was involved in the robbery shot at the Police Officers causing panic where a Policeman was shot in friendly fire. He was captured and locked up in prison but through Governor Juffa's intervention he was released later without any conviction of his crimes and was immediately employed. The aftermath of the case is not known. While employed as Governor Juffa·s Executive Officer Mr Embahe was seen and caught by Popondetta residence and Police for discharging firearms at senior Oro Provincial Administration Officers and the public. In Port Moresby MrEmbahe is known also for discharging the handgun regularly at Governor Juffa's old residence at Henao Drive 5 Mile, where he now illegally resides. All firearms related incidences of Mr Embahe, can be confirmed by, the neighbors at 5 Mile opposite Murray International School and the Boroko and Gordons Police stations where they are reported.
C3 There has also been a major sex scandal in the Office of the Governor in Popondetta involving Mr Embahe and a female staff of Governor's Office and Governor Juffa has been notified and advised to reprimand and discipline Mr Embahe and the female staff but be 'has not acted on the issue so far. Mr Embahe has also misapplied Oro Provincial Government funds of which the latest spate has been the purchase of vehicles for his girlfriend, which she has apparently damaged one of the cars. These records can beverified with Freeway Motors Ltd where, vehicles are purchased. All this inappropriate behavior and conduct which demean the Office of the Governor and the leaders integrity has been taken up with Governor Juffa by his staff and community leaders on numerous occasions but the Governor has dismissed them as frivolous. Demeaning and causing to bring into question the leaders integrity should not be considered frivolous, it is a breach of the Leadership Code. Governor Juffa and his cousin brother, Mr Embahe have, brought into serious question his integrity and credibility and that of the Government of Papua New Guinea. Any hope to salvage some
honor or integrity of Governor Juffa if any at least has been completely annihilated by Mr Embahe.
C4 Given Mr Embahe's limited educational qualifications he does not qualify, to attra.ct Grade 14 Salary under the current SRC Determination. However, over and above that Governor Juffa has allowed him to be paid at Level 3(Grade 20) salary, which is well above Ministerial First Secretary salary level and is equivalent to a Government Departments Deputy Secretary. We believe that this amounts serous misconduct in Office and breaches of the Duties and Responsibilities of Leaders under the Leadership Code by the Governor.
D GENERAL CONDUCTThe Governor's unprecedented absence from the Province has seen his complete disconnection with the people and the Province. Amongst the notable absence, we noted that in 2012 during the visit of the Head of the Anglican Church in the world, the Bishop of Canterbury, Governor Juffa deliberately went on a vacation up to the highlands provinces with some tourist friends of his. We knew that because he was, notified by the Provincial Government and the Anglican Church as one of the guest speakers. As almost 100 percent of us from the Province are Anglicans and education, health and, all other basic services up to this day in the Province are still delivered by the Church, this was an opportune time for Governor Juffa to acknowledge Oro Province's indebtedness to the Church and its contributionsin the spiritual, human, social and economic life in the Ora Province. In his wisdom and judgment this event was insignificant and did not warrant his presence and acknowledgement
Another notable absence was quite recently during the opening of the Oro Provincial Justice Department facilities in which the Chief Justice, other Senior Judges, Chief Secretary and other senior government Officials came tu the Province. The Governor was listed as a keynote speaker as it was a major law and justice sector facility for the region in the Province. The Governor displayed sheer arrogance of the highest order by unceremoniously and with total disregard and disrespect for institutional establishments and authorities of the Independent State of PNG jetted off that same morning to the United Unites of America, where he has spent over 200 days in the last 17 months.
Even in the new year, (2014), on the 9th January an emerging local airline company, Travel Air opened its new destination in Oro Province and the Governor was invited for the occasion. Governor Juffa was still overseas in the United States of America and could not attend the inaugural event, which opened up an additional air travel service in the Province. Governor's thoughts of such occasion are very hard to define but we in the Province see it as a milestone event given that, 3 different airlines of the same carrying capacity are now serving the peopl.e of Oro Province. Governor Juffa's disconnection with the people and their dreams, visions and aspirations of development and change can be been seen in his anti-development philosophies. He deports foreigners with minimum of offences from the Province, threatens and intimidates business houses, stops agro-forestry projects, stops logging and sawmilling projects and demands unthinkable equities free of charge from businesses.
These commercial prac.tices are unconventional and not seen anywhere in the world. The small people who try to make ends meet in the fringes of the town in little markets are dealt by Police with heavy handed tactics leaving our people confused what to do. The Ombudsman Commission should clarify with the Royal PNG Constabulary if Governor has been following due process in deploying Police in the Province who have constantly been intimidating and harassing the public in the Province. The Province is plagued with flooding and cyclones frequently and our physical infrastructures have deteriorated sending the Provrnce 20 years back. This whoes have escalated further with Governor illegally placing a moratorium in all land dealings in the Province.
All subsequent economic developments face the same illegal wrath, as 99% of all resources developments both renewable and nonrenewable are without question all land based and this is frustrating the resources owners who want to map out their own resources development with their investment partners. Although his actions are unconstitutional the people mainly those of us in
the Sohe District stopped and have waited for Governor Juffa to present us his alternative development investment models. We suppose these models are still under design in the US State of Washington particularly in the city of Seattle. His leadership has been all about deception and constant disappearance, to the United States of America or Brisbane, Australia and rhetoric's, hallucinations and fantasies in the social media about ideals that have no legs to stand on. In this modern day and era you can run as far as you can but you wont hide and lie, to us your faithful people who looked to you for leadership in vain.
There is no "DEVELOPMENT STATEMENT" or no coherent or logical, developmental agenda he pursues. Nothing Governor does in the Province is consistent and sustained as such where certain
result may be achievable and our minds are in complete confused state. He cannot connect his political mandate duly given by us voters with true leadership that effectively addresses result
oriented developmental issues facing the Province.
ALL THESEMAY BE ATTRIBUTED TO ONE THING AND THAT IS HIS UNPRECEDENTED CONSTANT ABSENCE FROM THE PROVINCE AND THE COUNTRY
Our final request to your good Office the Ombudsman Commission of PNG is to investigate how Governor Juffa was able to live out the Greatest of Contradiction. He has flooded the media both in the print, television, facebook etc. preaching and vowing to FIGHT CORRUPTION AND ILLEGAL BUSINESSES AND INVESTMENTS AND FOREIGNERS CONDUCTING BUSINESSES ILLEGALLY WITHOUT PROPER WORK PERMIT IN PNG AND YET HIS WIFE HAS MADE MILLIONS OF KINA UNDER PNG PROJECTS SERVICES LTD WHICH, HE BENEFITED FROM ALL THE WHILE SHE OPERATED ON TOURIST VISA. She has .never had any work permit issued by the Department of Labor and Employment under PNG Project Services Ltd and therefore under the laws of the Independent State of Papua New Guinea she had no authority or legal standing what so ever to engage into business in PNG. This is a prosecutable offense under PNG laws especially when PNG projects Services obtained a Customs Contract underserious circumstances of.
impropriety.
It is normal Government practice to ensure entities or persons with whom State enters into Contract are certified to have all statutory compliance fully adhered to. In this case PNG Customs Services were duty bound to ensure appropriate work permits were in place however, we can understand why it was nol done. Governor Juffa was the head of PNG Customs Services then and only he alone would answer these questions for the Ombudsman Commission of PNG.
We further seek the Department of Labor and Employment to investigate Governor Juffa's wife Ms Amenda Manelick Sprang whether she had appropriate Work Permit under PNG Projects Services Ltd to make those highly questionable millions from PNG Customs Services. If she has breached the Laws of the Independent State of Papua New Guinea we, pray that those involved be dealt with by the Country's laws like everyone else and brought to justice.
Lastly, we pray that the Ombudsman Commission of PNG take our complain and give it serious treatment as we suffer in the Province while our Governor travels and lives lavishly overseas at the expense of the State Revenue illegally siphoned through PNG Project Services Ltd.
COPY OF ORIGINAL LETTER