Court rules in favour of Porgera people

Copyright 2000, The National (PNG)
December 29, 2000
By THOMAS KILALA 

THE COURSE of action taken by a Member of Parliament for the people living along the Porgera river has taken a turn in their favour.

Last week the Supreme Court upheld a National Court decision in 1996 allowing Opis Papo, the current Member of Parliament for Lagaip/Porgera, who was representing the Porgera River Alluvial Miners Association (PRAMA), to appeal against a ministerial determination to compensate K15.2 million to the people living along the river who were affected by waste generated from the gold mine. 

Mr Papo had requested the Ministerial Determination in 1995, when he was the chairman of PRAMA, after developer Porgera Joint Venture and the association failed to reach an agreement on the level of compensation.

The determination was announced in 1996, in which the Porgera Joint Venture was directed to pay the K15.2 million to all people affected by mine waste. However, in April the same year the PJV asked the National Court for a judicial review on parts of the determination.

On July 25, 1996 Mr Papo filed an appeal to the National Court under the Water Resources Act. The PJV also immediately filed a motion to dismiss his appeal but the court dismissed that motion.

The PJV then appealed to the Supreme Court, which last week dismissed the appeal with costs.

Mr Papo said he is very happy with the court's decision and noted this meant he could now pursue his National Court appeal against the 1996 ministerial determination and seek adequate compensation for the PRAMA members and the people of Porgera.

He said the PJV's unnecessary intervention through the appeal process had delayed his efforts in securing compensation.

The Porgera mine is generating more than K500 million a year and for them to compensate thousands of people affected by its mine tailings a mere K15 million during the entire mine life "is a joke", he added.

However, Mr Papo thanked the people of Porgera for their patience and he urged them to remain calm and not to take the law into their own hands. Error: Unable to read footer file.