
PNG’s Ombudsman Commission (OC), the anti-corruption watchdog, has written to the Prime Minister James Marape seeking clarification on how the new ministry – Ministry for Constitutional Offices will affect the independence of the constitutional offices such as the OC.
In a recent cabinet reshuffle, Marape appointed a new Minister for Constitutional Offices.
The point OC raises is valid: constitutional offices are independent and not politically answerable to the government. And in a highly politicised bureaucratic environment, bringing an independent agency such as the OC under a minister will compromise the work of constitutional office holders.
Below is an extract of the letter, and it’s implications:



Ombudsman Commission’s Letter to James Highlights the following:
- The head of the executive government, the prime minister has the right to appoint ministers and create ministries
- Departments are politically answerable to the ministers
- Constitutional offices are an exception: they are independent and not answerable to a minister
- James Marape recently created a minister to for constitutional office
- Ombudsman Commission seeks clarification on what this minister’s role is, whether OC will come unde the powers of the minister, and how this reconciles with the fact that constitutional offices are independent
Implications
- If Marape undos the ministry of constitutional office he will lose face
- If he maintains it, it will potentially be unconstitutional
- If a dispute arises the matter will go before the Supreme Court
- A Supreme Court ruling will prove to be very important:
- if ruled in favour of Marape, the constitutional offices will be compromised as all other PNG government departments are
- if ruled in favour of OC, again, Marape will lose face, but an important precedent will be set not to interfere with constitutional offices
Way forward:
Marape must undo the ministry for constitutional offices.



