THE National Court has dismissed proceedings by a Hides PDL7 leader, which challenged the appointment of Erick Hawai as chairman of Paraya Clan in Tuguba Block, Komo, Hela Province.
Deputy chairman Talipe Apako instigated the court challenge despite a “Compromise Agreement” that was signed on February 11th 2023 in Tari by officials from Mineral Resources Development Company (MRDC) and the Department of Petroleum & Energy (DPE), and sealed by the Tari District Court.
The agreement resolved to appoint Mr Hawai as chairman and Mr Apako as deputy chairman of Paraya Clan and paved the way for the election of executives by clan members. Executives elected were: Max Aluya Awe – Treasurer; Matiabe Enobi – Secretary; and Tape Ane – Public Officer.
However, Mr Apako reneged on the agreement and engaged Jerewai Lawyers to file Originating Summons (OS) No.51 of 2023 on March 3rd 2023, which named Erick Hawai as first defendant, David Manau (DPE Secretary) as second defendant, Augustin Mano (MRDC Managing Director) as third defendant, MRDC as fourth defendant and the State as fifth defendant.
The case was presided by Deputy Chief Justice Ambeng Kandakasi.
Mr Apako sought several court orders, including an order to declare him as “the duly appointed Chairman of the Paraya Clan” who was “nominated and appointed unopposed” by clan members at the Hides PDL7 project area on March 22nd 2022.
He also sought orders to restrain Mr Hawai from assuming his role as the newly appointed Chairman of Paraya Clan and restrain MRDC and DPE from engaging with Mr Hawai.
Further orders were sought to restrain MRDC and DPE from facilitating the opening of the Paraya Clan bank account and making payments into the account.
In his final verdict on Monday (July 3rd 2023), DCJ Kandakasi said the court had no jurisdictional foundation to further deal with the matter as it was a clan leadership issue.
He dismissed the proceedings and ordered the plaintiff (Mr Apako) to pay costs.
A jubilant Mr Hawai said the court’s decision was a great relief for his Paraya Clan executives and members.
He commended his lawyers, Javati Lawyers, stating that justice had finally been served on his clan members, who are the landowners of Hides PDL 7 project area.
“The court’s dismissal of this frivolous case is a great relief for my Paraya Clan members who have long suffered from the injustices that have jeopardized their benefits from the PNG LNG Project.
“The Paraya Clan leadership struggle, which lasted for five years from 2019 to 2023, was instigated by greedy and corrupt leaders from the Hides PDL7 project area.
“The court’s decision will put an end to this conflict and enable my clan executives to fast-track our long-awaited royalty and equity payments and other benefits,” Mr Hawai said.
He added that as per Court Order No.3 of May 15th 2023 by DCJ Kandakasi, the Paraya Clan members in a meeting terminated Mr Apako as Deputy Chairman and replaced him with his sister, Lina Apako, who had been endorsed by DPE as Paraya Clan representative during the LOBID program in February 2019.
“My four executives and I will be signatories to all banking transactions and legal documentation as required by project operator ExxonMobil PNG Limited. I have faith in my executives to carry out their duties diligently for the benefit of our people.
“Finally, I wish to express my gratitude to MRDC Managing Director Mr Augustine Mano and DPE Secretary Mr David Manau for recognising my chairmanship and for their assistance during the election of our executives and opening of our clan bank account,” Mr Hawai said.
