What does the new Regulatory boss of MRA know that PNGeans don’t?

The Facts as stated in the Post Courier on the 20^th of April 2012 at page 20 of the Business Section are:

· Mr. Roger Gunson has been appointed as Executive Manager for the Regulatory Operations of the Division.

· Has 35 years experience in the legal profession.

· As worked as a General Counsel and Chief Executive Officer at the New Zealand Railways Corporation from 1992-1998.

· Senior associate with Wragge & Co, Solicitors in London, Birmingham and Brussels. Director of Commercial and Legal with the Department of Transport, Australia.

· Worked in PNG at the Dept of Justice and Attorney General from 1979-1983, general Counsel for the Post & Telecommunications Corporation from 1983-1986 and Senior Associate at Blake Dawson (now Ashurts) from 1987-1990.

They key issue here regarding Mr Gunson’s appointment is:

· Why was Mr Gunson chosen over Papua New Guineans

In a 2009 Supreme Court Case, {Madang Timbers Ltd v Kambori [2009] PGSC 22; SC1000 (27 November 2009)}, the judges were asked by the Appellant Madang Timbers to determine the costs of overseas counsels.

The Justices of the Supreme Court gave the following relief to the appellant:

“The Appellants sought certification for the cost of two overseas counsel. The focus of these proceedings was two questions of statutory interpretation. More than 30 years after Independence, such questions should not require the assistance of overseas counsel. The court has decided to exercise its discretion in relation to costs by permitting the Appellant to recover the cost of two counsel but on the basis that both counsel are local counsel.” [sic] [Emphasis mine]

Surely, in the context of this ruling Papua New Guinean Statutory bodies should be confident in selecting Papua New Guinean lawyers. Many have got Masters Degrees in the fields of Mining and Petroleum Law. Mr Gunson’s experience however does not seem to indicate anything to do with the Minerals sector.

The agencies of the State must give effect to the First and Second National Goals and Directive Principles. The First Goal talks about Integral Human Development and the second about Equality and Participation. Why isn’t a Papua New Guinean participating in the running of this country with respect to decisions over its mineral wealth.

Papua New Guinean citizens are missing out on many job opportunities and not necessarily because we’re unskilled. Mr Gunson’s appointment is typical of what’s happening in both the private and public sector where competent Papua New Guineans are being overlooked largely due to the existence of colonized Papua New Guinean minds and racially prejudiced expatriate managers.